Agenda packet — Big Bear Lake City Council, March 7, 2022 (part 1 of 3)

CITY COUNCIL

REGULAR MEETING AGENDA
MARCH 7, 2022
Closed Session: 3:30 pm, Training Room, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 Open Session: 5:00 pm, Hofert Hall, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 Recess
Resume
Open Session: 6:00 pm, Hofert Hall, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 __________________________________________________________________________________________

COUNCILMEMBERS

MAYOR RICK HERRICK

MAYOR PRO TEM BYNETTE MOTE

COUNCILMEMBER ALAN LEE

COUNCILMEMBER PERRI MELNICK

COUNCILMEMBER RANDALL PUTZ

CITY STAFF
CITY MANAGER FRANK A. RUSH, JR.

CITY ATTORNEY STEPHEN DEITSCH

CITY CLERK ERICA STEPHENSON
Please Note: Agenda items may be moved at the discretion of the City Council.

Target times for each item are indicated in RED, and are provided as an approximate time only. The actual time of consideration will deviate depending on the pace of the meeting, and at the discretion of the Presiding Officer.

The public is encouraged to submit written public communications about any item on this meeting agenda, or about any subject matter within the jurisdiction of the City, to the City Clerk in person, via mail or by email at [email protected]. If your comment is related to a specific Agenda item, please identify the Agenda item in the header of your letter or the subject line of your email. All written communications received by the City Clerk prior to the meeting will be distributed to the City Council prior to the start of the meeting, however, the public is encouraged to submit comments by 8:00 am on the day of the meeting to ensure adequate time for Council review and consideration.

OPEN SESSION

CLOSED SESSION PUBLIC COMMUNICATIONS
Any member of the public is entitled to speak on Closed Session Agenda items. If you wish to address any other items listed on the Agenda, you must do so during Open Session.

CLOSED SESSION 3:30 pm

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957
Title of Position: City Manager

CITY COUNCIL AGENDA
March 7, 2022 - Page 2

2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO Govt. Code Sec. 54957.6
Agency designated representatives: Mayor Rick Herrick and City Attorney Stephen P. Deitsch Unrepresented employee: City Manager

3. PUBLIC EMPLOYEE DISMISSAL / RELEASE PURSUANT TO Govt. Code Sec. 54957 OPEN SESSION 5:00 pm

CALL TO ORDER

ROLL CALL
PUBLIC COMMUNICATIONS 5:02 pm
Public comment is permitted at this time only on consent calendar items and other matters not listed on the posted agenda that are within the subject matter jurisdiction of the City. Please note that State law prohibits the City Council from taking any action on items not listed on the agenda. There is a three-minute maximum time limit when addressing Council during this time period. The time limit is subject to adjustment at the discretion of the Presiding Officer.

Speakers are limited to their individual maximum time limit and other members of the public cannot cede their speaking time to another person. Public comment on items listed on the posted agenda (public hearing & discussion/ action items) will be taken at the time each item is called for discussion.

RESULTS OF CLOSED SESSION

1. EMPLOYMENT STATUS OF CITY MANAGER
City Council will formally consider a separation agreement with City Manager Frank A. Rush, Jr. that will terminate his employment with the City of Big Bear Lake. The City Council may also consider and take other actions pertaining to the employment status of the City Manager.

RECESS
OPEN SESSION 6:00 pm

CALL TO ORDER

PLEDGE OF ALLEGIANCE

INVOCATION
Invocation will be led by Jay Walden, Transitional Lead Pastor for Bear Valley Church Big Bear.

ROLL CALL
PUBLIC COMMUNICATIONS 6:05 pm
Public comment is permitted at this time only on consent calendar items and other matters not listed on the posted agenda that are within the subject matter jurisdiction of the City. Please note that State law prohibits the City Council from taking any action on items not listed on the agenda. There is a three-minute maximum time limit when addressing

CITY COUNCIL AGENDA
March 7, 2022 - Page 3
Council during this time period. The time limit is subject to adjustment at the discretion of the Presiding Officer.

1. CONSENT CALENDAR 6:20 pm

1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 1/21/2022 THROUGH 2/22/2022 IN THE AMOUNT OF $1,339,121.02 AND THE JANUARY 2022 TREASURER’S REPORT

1.2 APPROVAL OF MEETING MINUTES FROM THE FEBRUARY 7, 2022 REGULAR MEETING

OF CITY COUNCIL

1.3 ORDINANCE AMENDING CHAPTER 16.07 – SUBDIVISIONS – AND CHAPTER 17.25 – RESIDENTIAL ZONES – OF THE MUNICIPAL CODE TO IMPLEMENT SB 9 AND REGULATE

URBAN LOT SPLITS AND ADDITIONAL UNITS ON SINGLE-FAMILY RESIDENTIAL

PROPERTIES, AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
City Council will consider adoption of an ordinance that implements SB 9, establishes a ministerial process for approval of urban lot splits and additional units, and includes various regulations intended to promote and preserve single-family neighborhood characteristics to the maximum extent possible. The proposed amendment to Chapter 16.07 – Subdivisions - includes the addition of section 16.07.060 - Urban Lot Splits - to allow and regulate these lot splits on R-L (residential low) and R-1 (single-family) zoned properties citywide. Proposed amendments to Chapter 17.25 – Residential Zones, specifically section 17.25.130 - Second Units and Two-Unit Projects, would allow and regulate such projects in the R-L (residential low) and R-1 (single-family) zone districts citywide. City Council introduced the ordinance, read the title, and waived further reading at the February 7, 2022 regular meeting.

1.4 RESOLUTION AUTHORIZING 2022 MEMORIAL DAY AND LABOR DAY FIREWORKS

DISPLAYS
City Council will consider a formal resolution authorizing Visit Big Bear to produce fireworks displays on the upcoming Memorial Day and Labor Day holiday weekends. The events and impacts are expected to be similar to the traditional July 4 fireworks display in Big Bear Lake. The proposed resolution specifically exempts the proposed Memorial Day and Labor Day fireworks displays from the City’s major special event permitting process, in the same manner that the July 4 fireworks display is exempt.

1.5 RESOLUTION AUTHORIZING A BID SOLICITATION FOR THE SMORE I PROJECT City Council will consider a formal resolution authorizing a bid solicitation for the SMORE I Project. The SMORE I Project is designed to improve bicycle and pedestrian connectivity in the Stanfield Marsh area by constructing new paved paths from the existing parking lots to the boardwalks and from the easterly terminus of the boardwalks toward Division Creek. This is one of several improvement projects in the Stanfield Marsh area that are included in the Five-Year Capital Replacement / Improvement Plan. If the Council authorizes this bid solicitation, staff anticipates a construction contract award in May or June to facilitate construction activity taking place this summer. The project is primarily funded by an Environmental Enhancement and Mitigation Grant, with the local match provided by transient occupancy taxes derived from overnight visitors to Big Bear Lake.

CITY COUNCIL AGENDA
March 7, 2022 - Page 4

1.6 RESOLUTIONS AUTHORIZING CONSTRUCTION CONTRACTS FOR ROTARY PARK

IMPROVEMENTS
City Council will consider two formal resolutions authorizing two construction contracts for planned improvements at Rotary Park. At its November 1, 2021 meeting, the City Council reviewed options for benches, trash receptacles, and light fixtures, and authorized the purchase of these materials at that meeting.

The attached resolutions presented on March 7 authorize a construction contract with 3P Construction, Inc., Menifee, CA, in the amount of $66,375 for the installation of lighting improvements at Rotary Park, and also authorize a contract with Harris Steel Fence Company, Los Angeles, CA, in the amount of $52,770 for the purchase and installation of new fencing. City staff will install new benches and trash receptacles. Sufficient funds are available in the FY 2021-22 City budget for these improvements. If approved by Council, these improvements will be installed in Spring 2022.

1.7 RESOLUTION AUTHORIZING THE SOLICITATION OF PROPOSALS FROM ENGINEERING FIRMS TO PREPARE THE CITY’S LOCAL ROADWAY SAFETY PLAN
City Council will consider a formal resolution authorizing staff to solicit proposals from qualified engineering firms to prepare the City’ Local Roadway Safety Plan. A Local Roadway Safety Plan is a document that is prepared by local agencies to analyze and prioritize safety improvements on local roads. The City’s Local Roadway Safety Plan would then become a part of the State’s Strategic Highway Safety Plan, which satisfies certain requirements associated with federal funding. An adopted Local Roadway Safety Plan will become a requirement for future highway improvement and safety grants that are administered by the State, and the plan will aid in preparing future applications. The City has been awarded a $40,000 grant to develop this plan, and will provide a $10,000 local match. If approved by Council, City staff will solicit proposals in March, and expects to present a contract recommendation to Council in May.

1.8 RESOLUTION AUTHORIZING A JOINT DEFENSE, COMMON INTEREST, AND CONFIDENTIALITY AGREEMENT RELATED TO THE MS4 PERMIT
City Council will consider a formal resolution authorizing the execution of a Joint Defense, Common Interest and Confidentiality agreement between San Bernardino County, the San Bernardino County Flood Control District, and fifteen (15) cities within the County for mutual legal counsel services associated with the pending release of an updated municipal separate storm sewer system (MS4) permit for San Bernardino County. MS4 permits are highly complex regulatory documents that provide guidance, direction, and regulations associated with the operation of the storm drainage system to mitigate the inflow of pollutants into stormwater that are administered by the local branch of the State Regional Water Quality Control Board. The MS4 permit for San Bernardino County covers the entire County, including the unincorporated area, the Flood Control District, and fifteen (15) incorporated cities and given the impacts across the board, the County has retained Meyers Nave, a regulatory law firm, to provide joint legal counsel related to the MS4 permit to all participating agencies. This agreement will provide the City the opportunity to garner support and feedback related to the MS4 permit, will have this law firm negotiating terms of the proposed permit with the Board, and provide additional technical support. This agreement does not replace the need for the City to maintain their own legal representation, including for matters related to the MS4, but does provide additional resources to support the City. The cost of these services is distributed among all participants in the San Bernardino County MS4 permit, and is already included in the City’s annual contribution of $11,107. This agreement has been vetted by the City Attorney and is presented for the City Council’s consideration.

CITY COUNCIL AGENDA
March 7, 2022 - Page 5

1.9 RESOLUTION AUTHORIZING SUBMISSION OF THE 2021 ANNUAL GENERAL PLAN AND

HOUSING ELEMENT PROGRESS REPORTS
City Council will consider a formal resolution directing staff to submit two required annual progress reports to the State of California. The Housing Element Annual Progress Report (APR) will be submitted to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) prior to the April 1 deadline, and tracks the number of residential units permitted or built over the past year. The General Plan Progress Report will be submitted to the Governor’s Office of Planning and Research (OPR), and outlines the City’s progress toward implementing the goals and policies included in the General Plan.

1.10 RESOLUTION AUTHORIZING A FEE SCHEDULE AMENDMENT REMOVING

ADMINISTRATIVE FEES FOR PROCESSING BUSINESS LICENSE MODIFICATIONS 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.

1.11 RESOLUTION AUTHORIZING A PURCHASE ORDER FOR NEW PUBLIC WORKS TRUCKS 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.

ITEMS REMOVED FROM THE CONSENT CALENDAR

2. PUBLIC HEARINGS
Any person may appear and be heard in support or in opposition to the proposal at the time of the hearing. If you challenge the action in court or an administrative proceeding, you may be limited to raising only those issues which you or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City at or before the public hearing.

CITY COUNCIL AGENDA
March 7, 2022 - Page 6

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 6:40 pm
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.

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 7:00 pm
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.

2.3 RESOLUTION ESTABLISHING ELECTRIC VEHICLE CHARGING FEES AND APPROVING A MASTER SERVICES AND SUBSCRIPTION AGREEMENT 7:30 pm
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 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.

CITY COUNCIL AGENDA
March 7, 2022 - Page 7

3. DISCUSSION/ACTION ITEMS

3.1 RESOLUTION AMENDING CITY COUNCIL RULES OF ORDER 7:45 pm 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.

3.2 RESOLUTION ISSUING WRITTEN REPRIMAND TO COUNCIL MEMBER ALAN LEE FOR VIOLATION OF THE CITY OF BIG BEAR LAKE COUNCIL RULES OF ORDER 8:30 pm City Council will discuss and consider the possible adoption of a formal resolution issuing a written reprimand to Council Member Alan Lee.

4. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS 9:00 pm

4.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS

4.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS

ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 3rd day of March 2022.

Erica Stephenson, City Clerk

The City of Big Bear Lake wishes to make all of its public meetings accessible to the public. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 866-5831. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Check# Vendor/Employee Date Amount
83160 Department of Justice 01/27/2022 64.00
83161 Bear Valley Community Healthcare District 01/27/2022 108.00 83162 Big Bear Lake Urgent Care 01/27/2022 105.00
83163 Butchers Blocks & Building Materials 01/27/2022 26.52 83164 Bear Valley Electric 01/27/2022 539.62
83165 Charter Communications Holdings, LLC 01/27/2022 788.03 83166 Cintas Corporation 01/27/2022 968.08
83167 Cutting Edge Supply 01/27/2022 9,175.25
83168 Lumber City Corp. 01/27/2022 68.51
83170 Grainger Inc. 01/27/2022 350.14
83171 Intelesys One, Inc. 01/27/2022 285.44
83172 Marlin Business Bank 01/27/2022 1,660.06
83173 Mission Linen Supply Inc. 01/27/2022 657.44
83174 Mojave Desert & Mountain 01/27/2022 3,606.00
83175 Genuine Auto Parts 01/27/2022 37.98
83176 Michael Pughe Jr 01/27/2022 2,000.00
83177 Quill Corporation 01/27/2022 47.04
83178 ROW Traffic Safety, Inc. 01/27/2022 841.42
83179 Robertson's Ready Mix 01/27/2022 128.09
83180 Sierra Aggregate Co 01/27/2022 1,424.83
83182 Transtech Engineers, Inc. 01/27/2022 2,220.00
83183 United Rentals (North America), Inc 01/27/2022 25,750.11 83185 Verizon Wireless 01/27/2022 1,381.47
83186 Waxie Sanitary Supply Inc. 01/27/2022 4,391.84
83187 Willdan Engineering Inc 01/27/2022 15,319.60
83188 City of Big Bear Lake Dept of Water & Power 02/03/2022 188.15 83190 City of Big Bear Lake Dept of Water & Power 02/03/2022 256,328.04 83191 Mountain Area Regional Transit Authority 02/03/2022 65,000.00 83193 All Protection Alarm 02/03/2022 865.16
83194 A Performance Towing Inc 02/03/2022 7,500.00
83195 ArchiveSocial, Inc. 02/03/2022 5,988.00
83196 Big Bear Disposal Inc 02/03/2022 183,405.58
83197 Butchers Blocks & Building Materials 02/03/2022 409.81 83198 Bear Valley Electric 02/03/2022 2,370.43
83200 Charter Communications Holdings, LLC 02/03/2022 344.94 83201 CP Products 02/03/2022 167.30
83202 Cintas Corporation 02/03/2022 352.34
83203 Direct Signs 02/03/2022 1,913.55
83205 Frontier Communications 02/03/2022 303.00
83206 The Grizzly 02/03/2022 1,258.50
83207 HdL Coren & Cone Inc. 02/03/2022 3,977.51
83208 Intelesys One, Inc. 02/03/2022 14,519.78
83209 International Institute of Municipal Clerks 02/03/2022 200.00 83210 KOA Corporation 02/03/2022 960.00
83211 League of California Cities 02/03/2022 4,562.00
83213 Mission Linen Supply Inc. 02/03/2022 654.01
83214 Randy Spitz 02/03/2022 82.00
City of Big Bear Lake
Checks Issued 01/21/22 ‐ 02/22/2022
Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 01/21/22 ‐ 02/22/2022
83215 Parkhouse Tire, Inc. 02/03/2022 1,246.83
83216 Quadient Leasing USA, Inc 02/03/2022 719.26
83217 Nestle Waters North America 02/03/2022 810.13
83218 S Porter Inc 02/03/2022 39,900.00
83219 Statewide Traffic Safety and Signs Inc 02/03/2022 2,913.45 83220 Southwest Gas Corporation 02/03/2022 22,605.93
83222 Transtech Engineers, Inc. 02/03/2022 4,922.00
83223 Underground Service Alert Inc. 02/03/2022 167.74
83224 US Bank Corporate Payment Systems 02/03/2022 12,389.52 83225 Waxie Sanitary Supply Inc. 02/03/2022 47.30
83226 Willdan Engineering Inc 02/03/2022 23.97
83237 San Bernardino County Clerk of the Board of Supervisors 02/10/2022 50.00 83238 San Bernardino County Sheriff's Dept 02/10/2022 407,680.00 83240 Big Bear Disposal Inc 02/10/2022 5,087.06
83241 Big Bear Paint Center 02/10/2022 129.84
83242 BlackHole Technologies Inc 02/10/2022 1,224.75
83243 Butchers Blocks & Building Materials 02/10/2022 1,525.96 83244 Bear Valley Electric 02/10/2022 4,049.90
83245 Car Quest Auto Parts 02/10/2022 579.85
83246 Data Ticket, Inc. 02/10/2022 1,721.00
83247 Lumber City Corp. 02/10/2022 169.14
83248 eXtreme Powder Coating CA LLC 02/10/2022 2,700.00 83249 Frontier Communications 02/10/2022 1,478.46
83250 The Grizzly 02/10/2022 214.50
83251 Harris Computer Systems 02/10/2022 16,624.93
83252 Intelesys One, Inc. 02/10/2022 10,228.20
83253 Mission Linen Supply Inc. 02/10/2022 656.62
83254 Orkin Inc. 02/10/2022 354.00
83255 The Public Restroom Company 02/10/2022 20,886.00
83256 Retail Strategies, LLC 02/10/2022 1,250.00
83258 S Porter Inc 02/10/2022 7,000.00
83260 Waxie Sanitary Supply Inc. 02/10/2022 47.30
83261 California State Dept of Consumer Affairs 02/17/2022 180.00 83262 Department of Justice 02/17/2022 32.00
83263 City of Big Bear Lake Dept of Water & Power 02/17/2022 1,740.85 83265 Addiction Medicine Consultants, Inc 02/17/2022 1,680.00 83266 Big Bear Disposal Inc 02/17/2022 5,070.77
83267 Best Best & Krieger LLP 02/17/2022 21,476.92
83269 Bear Valley Electric 02/17/2022 16,673.01
83270 Charter Communications Holdings, LLC 02/17/2022 2,204.35 83271 Docu‐Trust 02/17/2022 50.00
83273 Fisher Integrated, Inc. 02/17/2022 1,200.00
83274 The Grizzly 02/17/2022 3,351.50
83276 Intelesys One, Inc. 02/17/2022 335.36
83277 KOA Corporation 02/17/2022 7,950.00
83278 LSA Associates, Inc. 02/17/2022 498.75
83279 Mountain Water Co 02/17/2022 80.00
83283 US Bank Corporate Payment Systems 02/17/2022 4,024.16 Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 01/21/22 ‐ 02/22/2022
83288 San Bernardino County Vehicle Svcs Dept 02/22/2022 8,678.01 83289 Big Bear Disposal Inc 02/22/2022 1,062.47
83290 BlackHole Technologies Inc 02/22/2022 3,049.50
83291 Butchers Blocks & Building Materials 02/22/2022 736.53 83292 Car Quest Auto Parts 02/22/2022 578.36
83293 CP Products 02/22/2022 190.11
83294 Cintas Corporation 02/22/2022 117.45
83295 Lumber City Corp. 02/22/2022 227.07
83296 Mission Linen Supply Inc. 02/22/2022 1,556.55
83297 Michael Marcotte 02/22/2022 990.00
83298 Genuine Auto Parts 02/22/2022 9.66
83299 ROW Traffic Safety, Inc. 02/22/2022 3,600.00
83300 United Rentals (North America), Inc 02/22/2022 14,934.15 83301 Volvo Construction Equipment Inc. 02/22/2022 28,122.78 83302 Willdan Engineering Inc 02/22/2022 13,190.00
ACH Gary Payne 01/27/2022 962.50
ACH Ruth Lorentz 02/10/2022 935.00
ACH Gary Payne 02/17/2022 935.00
1,339,121.02
Check# Vendor/Employee Transaction Amount
City Council 4110
83211 League of California Cities League of California Cities Annual Membership Dues 02/03/2022 4,562.00 83224 US Bank Corporate Payment Systems Office Supplies 02/03/2022 25.00 83283 US Bank Corporate Payment Systems CalCities Registration ‐ Melnick 02/17/2022 250.00 City Council Total 4,837.00
City Manager 4120
83224 US Bank Corporate Payment Systems ICMA Annual Membership, Subscription, Supplies, Meeting Expenses 02/03/2022 1,747.09 83283 US Bank Corporate Payment Systems Meeting Expenses, Digital Subscription 02/17/2022 216.00 City Manager Total 1,963.09
Public Information Office 4125
83195 ArchiveSocial, Inc. Software Subscription 02/03/2022 5,988.00 83206 The Grizzly Legal Notices 02/03/2022 824.0083224 US Bank Corporate Payment Systems Software Subscription, Business Cards 02/03/2022 37.94 83274 The Grizzly Legal Notices 02/17/2022 200.0083283 US Bank Corporate Payment Systems Software Subscription 02/17/2022 12.95 Public Information Office Total 7,062.89
City Clerk 4130
83171 Intelesys One, Inc. Records Request Support 01/27/2022 285.44 83185 Verizon Wireless Cell Phone Service 01/27/2022 60.7683209 International Institute of Municipal Clerks IIMC Membership Renewal 02/03/2022 200.00 83274 The Grizzly Legal Notices 02/17/2022 3,151.5083276 Intelesys One, Inc. Records Request Support 02/17/2022 335.36 83283 US Bank Corporate Payment Systems Office Supplies, Postal Charges 02/17/2022 275.96 City Clerk Total 4,309.02
Finance 4140
83177 Quill Corporation Office Supplies 01/27/2022 47.0483185 Verizon Wireless Cell Phone Service 01/27/2022 4.5483207 HdL Coren & Cone Inc. Property Tax Consulting Services 02/03/2022 3,977.51 83224 US Bank Corporate Payment Systems GFOA Membership Renewal, CSMFO Membership Renewal 02/03/2022 280.00 Finance Services Total 4,309.09
Human Resources 4150
83160 Department of Justice Recruitment Expense 01/27/2022 64.00 83162 Big Bear Lake Urgent Care Recruitment Expense 01/27/2022 105.00 83185 Verizon Wireless Cell Phone Service 01/27/2022 13.6583224 US Bank Corporate Payment Systems Employee Training & Appreciation 02/03/2022 2,345.91
83262 Department of Justice Recruitment Expense 02/17/2022 32.00 83265 Addiction Medicine Consultants, Inc Recruitment Expense 02/17/2022 1,680.00 83283 US Bank Corporate Payment Systems Employee Training & Appreciation 02/17/2022 681.35
Human Resources Total 4,921.91
City of Big Bear Lake
Expenditure By Department
Checks Issued 01/21/2022 ‐ 02/22/2022
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 01/21/2022 ‐ 02/22/2022
City Attorney 4170
83267 Best Best
& Krieger LLP Professional Legal Services 02/17/2022 21,476.92 City Attorney Total 21,476.92
Traffic Safety 4230
83164 Bear Valley Electric Electricity Usage 01/27/2022 450.93 83244 Bear Valley Electric Electricity Usage 02/10/2022 15.24 83269 Bear Valley Electric Electricity Usage 02/17/2022 523.49 Traffic Safety Total 989.66
Law Enforcement 4250
83238 San Bernardino County Sheriff's Dept Monthly Sheriff Contract 02/10/2022 407,680.00 Law Enforcement Total 407,680.00
Animal Regulation 4260
83291 Butchers Blocks
& Building Materials Materials/Supplies 02/22/2022 26.66 Animal Regulation Total 26.66
Engineering 4310
83185 Verizon Wireless Cell Phone Service 01/27/2022 83.51 83224 US Bank Corporate Payment Systems Meeting Expenses 02/03/2022 105.52 83226 Willdan Engineering Inc Professional Services 02/03/2022 23.97 83237 San Bernardino County Clerk of the Board of Supervisors Document Filing Fee 02/10/2022 50.00 83261 California State Dept of Consumer Affairs License Renewal ‐ Civil Engineer 02/17/2022 180.00 83288 San Bernardino County Vehicle Svcs Dept Fuel Charges 02/22/2022 29.88 Engineering Total 472.88
Street Maintenance 4320
83166 Cintas Corporation First Aid Supplies 01/27/2022 381.91 83167 Cutting Edge Supply Snow Plow Blades 01/27/2022 9,175.25 83168 Lumber City Corp. Materials/Supplies 01/27/2022 38.78 83170 Grainger Inc. Materials/Supplies 01/27/2022 350.1483173 Mission Linen Supply Inc. Laundry Service 01/27/2022 262.97 83178 ROW Traffic Safety, Inc. Traffic Control Signage 01/27/2022 388.74 83179 Robertson's Ready Mix Materials/Supplies 01/27/2022 128.09 83180 Sierra Aggregate Co Snow Removal Operations/Cinders 01/27/2022 1,424.83 83183 United Rentals (North America), Inc Snow Removal Operations/Equipment Rental 01/27/2022 25,750.11 83185 Verizon Wireless Cell Phone Service 01/27/2022 194.5883186 Waxie Sanitary Supply Inc. Janitorial Supplies 01/27/2022 1,097.96 83194 A Performance Towing Inc Snow Removal Operations/Tow Truck Standby 02/03/2022 7,500.00 83196 Big Bear Disposal Inc Portable Restroom Rentals 02/03/2022 547.83 83197 Butchers Blocks
& Building Materials Materials/Supplies 02/03/2022 232.18 83201 CP Products Janitorial Supplies 02/03/2022 167.30 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 01/21/2022 ‐ 02/22/2022
83203 Direct Signs Signage ‐ "No Smoking" Ordinance 02/03/2022 1,913.55 83213 Mission Linen Supply Inc. Laundry Service 02/03/2022 261.60 83215 Parkhouse Tire, Inc. Materials/Supplies 02/03/2022 599.66 83217 Nestle Waters North America Drinking Water 02/03/2022 405.06 83219 Statewide Traffic Safety and Signs Inc Snow Poles 02/03/2022 2,913.45 83224 US Bank Corporate Payment Systems Office Supplies 02/03/2022 46.89 83242 BlackHole Technologies Inc GPS Monthly Service 02/10/2022 1,224.75 83243 Butchers Blocks
& Building Materials Materials/Supplies 02/10/2022 372.24 83253 Mission Linen Supply Inc. Laundry Service 02/10/2022 262.65 83254 Orkin Inc. Pest Control 02/10/2022 113.00
83270 Charter Communications Holdings, LLC Cable Service 02/17/2022 68.90 83283 US Bank Corporate Payment Systems Meeting Supplies 02/17/2022 40.95 83288 San Bernardino County Vehicle Svcs Dept Fuel Charges 02/22/2022 4,644.40 83289 Big Bear Disposal Inc Portable Restroom Rentals 02/22/2022 304.75 83290 BlackHole Technologies Inc GPS Monthly Services 02/22/2022 3,049.50 83291 Butchers Blocks
& Building Materials Materials/Supplies 02/22/2022 196.63 83296 Mission Linen Supply Inc. Laundry Service 02/22/2022 622.61 83299 ROW Traffic Safety, Inc. Snow Removal Operations/Equipment Rental 02/22/2022 3,600.00 83300 United Rentals (North America), Inc Snow Removal Operations/Equipment Rental 02/22/2022 14,934.15 83301 Volvo Construction Equipment Inc. Snow Removal Operations/Equipment Rental 02/22/2022 28,122.78 Street Maintenance Total 111,338.19
Vehicle Maintenance 4325
83173 Mission Linen Supply Inc. Laundry Service 01/27/2022 32.88 83175 Genuine Auto Parts Vehicle Repair 01/27/2022 37.9883213 Mission Linen Supply Inc. Laundry Service 02/03/2022 32.71 83215 Parkhouse Tire, Inc. Vehicle Repair 02/03/2022 647.1783220 Southwest Gas Corporation Natural Gas Usage 02/03/2022 3,144.56 83224 US Bank Corporate Payment Systems Vehicle Repair 02/03/2022 5,026.00 83245 Car Quest Auto Parts Vehicle Repair 02/10/2022 579.85 83253 Mission Linen Supply Inc. Laundry Service 02/10/2022 32.83 83263 City of Big Bear Lake Dept of Water
& Power Water Usage 02/17/2022 144.60
83269 Bear Valley Electric Electricity Usage 02/17/2022 54.87 83292 Car Quest Auto Parts Vehicle Repair 02/22/2022 578.36 83296 Mission Linen Supply Inc. Laundry Service 02/22/2022 77.85 83298 Genuine Auto Parts Vehicle Repair 02/22/2022 9.66 Vehicle Maintenance Total 10,399.32
Street Lighting 4330
83164 Bear Valley Electric Electricity Usage 01/27/2022 88.69 83244 Bear Valley Electric Electricity Usage 02/10/2022 257.51 83269 Bear Valley Electric Electricity Usage 02/17/2022 389.56 Street Lighting Total 735.76
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 01/21/2022 ‐ 02/22/2022
City Parking Lots / Chamber Building 4335
83163 Butchers Blocks
& Building Materials Materials/Supplies 01/27/2022 3.98 83186 Waxie Sanitary Supply Inc. Janitorial Supplies 01/27/2022 1,097.9683193 All Protection Alarm Alarm Monitoring 02/03/2022 130.50 83196 Big Bear Disposal Inc Portable Restroom Rentals 02/03/2022 983.52 83200 Charter Communications Holdings, LLC Security Camera Internet Service 02/03/2022 229.96 83254 Orkin Inc. Pest Control 02/10/2022 77.00
83263 City of Big Bear Lake Dept of Water
& Power Water Usage 02/17/2022 505.05
83269 Bear Valley Electric Electricity Usage 02/17/2022 3,638.03 83289 Big Bear Disposal Inc Portable Restroom Rentals 02/22/2022 656.03 83291 Butchers Blocks
& Building Materials Materials/Supplies 02/22/2022 7.53 83295 Lumber City Corp. Materials/Supplies 02/22/2022 46.70 City Parking Lots / Chamber Building Total 7,376.26
Planning 4410
ACH Ruth Lorentz Professional Services 02/10/2022 935.0083187 Willdan Engineering Inc GIS Services 01/27/2022 675.0083224 US Bank Corporate Payment Systems Office Supplies 02/03/2022 81.49 83256 Retail Strategies, LLC Professional Services 02/10/2022 1,250.00 83278 LSA Associates, Inc. Professional Services 02/17/2022 498.75 83283 US Bank Corporate Payment Systems Office Supplies 02/17/2022 54.92 Planning Total 3,495.16
Planning Commission 4411
83206 The Grizzly Legal Notices 02/03/2022 434.5083250 The Grizzly Legal Notices 02/10/2022 214.50 Planning Commission Total 649.00
Tourism Registration / Administration 4414
83224 US Bank Corporate Payment Systems Digital Subscription 02/03/2022 895.00 83283 US Bank Corporate Payment Systems Vacation Rental Data/Digital Subscription 02/17/2022 1,695.00 Tourism Registration / Administration Total 2,590.00
Tourism
& Municipal Code Compliance 4415
83185 Verizon Wireless Cell Phone Service 01/27/2022 154.80 83205 Frontier Communications Telephone Service 02/03/2022 151.3883224 US Bank Corporate Payment Systems Vacation Rental Data 02/03/2022 339.05 83246 Data Ticket, Inc. Citation Processing 02/10/2022 1,721.00 83288 San Bernardino County Vehicle Svcs Dept Fuel Charges 02/22/2022 1,252.39 Tourism
& Municipal Code Compliance Total 3,618.62
Building
& Safety 4430
83182 Transtech Engineers, Inc. Professional Services 01/27/2022 2,220.00 83185 Verizon Wireless Cell Phone Service 01/27/2022 76.00 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 01/21/2022 ‐ 02/22/2022
83187 Willdan Engineering Inc Professional Services 01/27/2022 14,644.60 83224 US Bank Corporate Payment Systems Office Expense 02/03/2022 27.68 83288 San Bernardino County Vehicle Svcs Dept Fuel Charges 02/22/2022 83.9983302 Willdan Engineering Inc Professional Services 02/22/2022 13,190.00 Building
& Safety Total 30,242.27
PAC Administration 4610
83185 Verizon Wireless Cell Phone Service 01/27/2022 9.10 PAC Administration Total 9.10
City Parks
& Trails 4625
83163 Butchers Blocks
& Building Materials Materials/Supplies 01/27/2022 7.47 83165 Charter Communications Holdings, LLC Security Camera Internet Service 01/27/2022 114.98 83186 Waxie Sanitary Supply Inc. Janitorial Supplies 01/27/2022 1,097.9683188 City of Big Bear Lake Dept of Water & Power Water Usage 02/03/2022 188.15
83197 Butchers Blocks
& Building Materials Materials/Supplies 02/03/2022 23.69 83198 Bear Valley Electric Electricity Usage 02/03/2022 970.36 83200 Charter Communications Holdings, LLC Security Camera Internet Service 02/03/2022 114.98 83225 Waxie Sanitary Supply Inc. Janitorial Supplies 02/03/2022 47.30 83241 Big Bear Paint Center Materials/Supplies 02/10/2022 129.84 83243 Butchers Blocks
& Building Materials Materials/Supplies 02/10/2022 139.49 83260 Waxie Sanitary Supply Inc. Janitorial Supplies 02/10/2022 47.30 83263 City of Big Bear Lake Dept of Water
& Power Water Usage 02/17/2022 443.80
83269 Bear Valley Electric Electricity Usage 02/17/2022 2,600.06 83291 Butchers Blocks
& Building Materials Materials/Supplies 02/22/2022 98.77 83295 Lumber City Corp. Materials/Supplies 02/22/2022 119.23 City Parks
& Trails Total 6,143.38
General Government 4800
83161 Bear Valley Community Healthcare District Covid‐19 Testing Fees 01/27/2022 108.0083165 Charter Communications Holdings, LLC Internet Service 01/27/2022 673.05 83166 Cintas Corporation First Aid Supplies 01/27/2022 321.72 83172 Marlin Business Bank Copier Lease 01/27/2022 1,660.0683185 Verizon Wireless Cell Phone Service Credit 01/27/2022 ‐27.3483193 All Protection Alarm Alarm Monitoring 02/03/2022 618.21 83205 Frontier Communications Telephone Service 02/03/2022 59.1283214 Randy Spitz Materials/Supplies 02/03/2022 82.0083216 Quadient Leasing USA, Inc Mailing Machine Annual Lease Renewal 02/03/2022 719.26 83224 US Bank Corporate Payment Systems Materials/Supplies, Digital Meeting Subscription 02/03/2022 536.73 83240 Big Bear Disposal Inc Additional Restrooms
& Trash Dumpsters 02/10/2022 5,087.06
83249 Frontier Communications Telephone Service 02/10/2022 873.01 83266 Big Bear Disposal Inc Additional Restrooms
& Trash Dumpsters 02/17/2022 5,070.77
83270 Charter Communications Holdings, LLC Internet and Cable Services 02/17/2022 2,020.47 83271 Docu‐Trust Document Storage 02/17/2022 50.00
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 01/21/2022 ‐ 02/22/2022
83279 Mountain Water Co Water Dispenser Rental
& Water 02/17/2022 80.00
83283 US Bank Corporate Payment Systems Memorial Flag Display Case, Digital Meeting Subscription 02/17/2022 552.93 General Government Total 18,485.05
Information Technology 4810
83185 Verizon Wireless Cell Phone Service 01/27/2022 346.60 83208 Intelesys One, Inc. Computer Equipment 02/03/2022 14,519.78 83224 US Bank Corporate Payment Systems Peripheral Equipment/Supplies 02/03/2022 87.62 83251 Harris Computer Systems Annual Software Maintenance 02/10/2022 16,624.93 83252 Intelesys One, Inc. IT Services/License Fees 02/10/2022 10,228.20 83273 Fisher Integrated, Inc. Video Streaming 02/17/2022 1,200.0083283 US Bank Corporate Payment Systems Peripheral Equipment/Supplies 02/17/2022 244.10 Technology Services Total 43,251.23
Civic Center 4820
83168 Lumber City Corp. Materials/Supplies 01/27/2022 29.73 83173 Mission Linen Supply Inc. Laundry Service 01/27/2022 46.02 83178 ROW Traffic Safety, Inc. Signage 01/27/2022 452.68 83185 Verizon Wireless Cell Phone Service 01/27/2022 49.3583186 Waxie Sanitary Supply Inc. Janitorial Supplies 01/27/2022 1,097.9683197 Butchers Blocks & Building Materials Materials/Supplies 02/03/2022 112.00 83202 Cintas Corporation First Aid Supplies 02/03/2022 352.34 83213 Mission Linen Supply Inc. Laundry Service 02/03/2022 45.78 83220 Southwest Gas Corporation Natural Gas Usage 02/03/2022 9,168.1983243 Butchers Blocks & Building Materials Materials/Supplies 02/10/2022 736.16 83244 Bear Valley Electric Electricity Usage 02/10/2022 27.57 83247 Lumber City Corp. Materials/Supplies 02/10/2022 169.14 83253 Mission Linen Supply Inc. Laundry Service 02/10/2022 45.96 83254 Orkin Inc. Pest Control 02/10/2022 164.00
83258 S Porter Inc Repair City Hall Gates 02/10/2022 7,000.0083263 City of Big Bear Lake Dept of Water & Power Water Usage 02/17/2022 353.40
83269 Bear Valley Electric Electricity Usage 02/17/2022 4,866.62 83270 Charter Communications Holdings, LLC Security Camera Internet Service 02/17/2022 114.98 83288 San Bernardino County Vehicle Svcs Dept Fuel Charges 02/22/2022 1,295.1383291 Butchers Blocks & Building Materials Materials/Supplies 02/22/2022 79.41 83293 CP Products Janitorial Supplies 02/22/2022 190.11 83294 Cintas Corporation First Aid Supplies 02/22/2022 117.45 83295 Lumber City Corp. Materials/Supplies 02/22/2022 61.14 83296 Mission Linen Supply Inc. Laundry Service 02/22/2022 108.96 83297 Michael Marcotte HVAC Service 02/22/2022 990.00
Civic Center Total 27,674.08
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 01/21/2022 ‐ 02/22/2022
PAC Operations
& Maintenance 4821
ACH Gary Payne Equipment Repair/Maintenance 01/27/2022 962.50 ACH Gary Payne Equipment Repair/Maintenance 02/17/2022 935.0083185 Verizon Wireless Cell Phone Service 01/27/2022 45.5083193 All Protection Alarm Alarm Monitoring 02/03/2022 116.45 83220 Southwest Gas Corporation Natural Gas Usage 02/03/2022 2,878.8883224 US Bank Corporate Payment Systems Materials/Supplies 02/03/2022 63.60 83243 Butchers Blocks
& Building Materials Materials/Supplies 02/10/2022 203.74 83269 Bear Valley Electric Electricity Usage 02/17/2022 1,622.21 83291 Butchers Blocks
& Building Materials Materials/Supplies 02/22/2022 327.53 PAC Operations
& Maintenance Total 7,155.41
Sanitation 250
83163 Butchers Blocks
& Building Materials Materials/Supplies 01/27/2022 15.07 83166 Cintas Corporation First Aid Supplies 01/27/2022 264.45 83173 Mission Linen Supply Inc. Laundry Service 01/27/2022 262.97 83185 Verizon Wireless Cell Phone Service 01/27/2022 314.1083197 Butchers Blocks & Building Materials Materials/Supplies 02/03/2022 35.52 83198 Bear Valley Electric Electricity Usage 02/03/2022 408.09 83205 Frontier Communications Telephone Service 02/03/2022 92.50 83213 Mission Linen Supply Inc. Laundry Service 02/03/2022 261.60 83217 Nestle Waters North America Drinking Water 02/03/2022 405.07 83220 Southwest Gas Corporation Natural Gas Usage 02/03/2022 3,144.5483223 Underground Service Alert Inc. Underground Dig Alert Services 02/03/2022 167.74 83224 US Bank Corporate Payment Systems CWE Membership Renewals 02/03/2022 744.00 83243 Butchers Blocks
& Building Materials Materials/Supplies 02/10/2022 74.33 83244 Bear Valley Electric Electricity Usage 02/10/2022 3,183.77 83249 Frontier Communications Telephone Service 02/10/2022 605.45 83253 Mission Linen Supply Inc. Laundry Service 02/10/2022 262.65 83263 City of Big Bear Lake Dept of Water
& Power Water Usage 02/17/2022 47.80
83269 Bear Valley Electric Electricity Usage 02/17/2022 2,209.33 83288 San Bernardino County Vehicle Svcs Dept Fuel Charges 02/22/2022 1,372.2283296 Mission Linen Supply Inc. Laundry Service 02/22/2022 622.61 Sanitation Total 14,493.81
Mountain Transit (MTA) 282
83191 Mountain Area Regional Transit Authority No‐Fare Transit System County Pass Through 02/03/2022 65,000.00 Mountain Transit (MTA) Total 65,000.00
Village Streetscape Maintenance 291
83196 Big Bear Disposal Inc Village Litter Containers 02/03/2022 1,574.80 83197 Butchers Blocks
& Building Materials Materials/Supplies 02/03/2022 6.42 83198 Bear Valley Electric Electricity Usage 02/03/2022 991.98 83220 Southwest Gas Corporation Natural Gas Usage 02/03/2022 4,269.7683244 Bear Valley Electric Electricity Usage 02/10/2022 565.81 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 01/21/2022 ‐ 02/22/2022
83263 City of Big Bear Lake Dept of Water
& Power Water Usage 02/17/2022 246.20
83269 Bear Valley Electric Electricity Usage 02/17/2022 768.84 Village Streetscape Maintenance Total 8,423.81
Capital Projects 321
83176 Michael Pughe Jr Village Wayfinding Signs ‐ Transport 01/27/2022 2,000.00 83218 S Porter Inc Civic Center East Sidewalk 02/03/2022 39,900.0083222 Transtech Engineers, Inc. Boundary Survey of Rotary Park 02/03/2022 4,922.00 83248 eXtreme Powder Coating CA LLC Village Wayfinding Signs 02/10/2022 2,700.00 83255 The Public Restroom Company Stanfield Cutoff Restroom 02/10/2022 20,886.00 Capital Projects Total 70,408.00
Street Improvement Projects 350
83190 City of Big Bear Lake Dept of Water
& Power Moonridge Rd Pipe Relocation 02/03/2022 256,328.04 83210 KOA Corporation Moonridge Corridor Project 02/03/2022 960.0083277 KOA Corporation Moonridge Corridor Project 02/17/2022 7,950.00 Street Improvement Projects Total 265,238.04
Refuse 550
83173 Mission Linen Supply Inc. Laundry Service 01/27/2022 52.60 83174 Mojave Desert
& Mountain MDSW Joint Powers Authority Membership 01/27/2022 3,606.00 83185 Verizon Wireless Cell Phone Service 01/27/2022 56.32 83196 Big Bear Disposal Inc Residential Curb/Bin Service 02/03/2022 180,299.43 83213 Mission Linen Supply Inc. Laundry Service 02/03/2022 52.32 83253 Mission Linen Supply Inc. Laundry Service 02/10/2022 52.53 83289 Big Bear Disposal Inc Portable Restroom Rental 02/22/2022 101.69 83296 Mission Linen Supply Inc. Laundry Service 02/22/2022 124.52 Refuse Total 184,345.41
Grand Total 1,339,121.02
DISTRIBUTION OF TREASURY CASH Rate Amount % of Total
Demand Account - Union Bank $ 7.88% 2,102,483
Imprest Cash - Union Bank Payroll $ 0.02% 5,000
Imprest Cash $ 0.01% 1,525
Dental Self Insured Checking $ 0.56% 149,854
Local Agency Investment Fund (LAIF) 0.234% 24,405,723 $ 91.53% Total Cash In Treasury: 26,664,584 $ 100.00%
INVESTMENT ACTIVITY Days Deposits Withdrawals
LAIF Average Life (Days) of Portfolio 340
LAIF Transactions $1,700,000
Interest Received for Fiscal Year 2021-22 $22,884
DISTRIBUTION OF CASH BY FUND January 2022 December 2021 Change General $ 16,005,859 17,630,685 $ 1,624,826 $
Sanitation $ 6,016,406 6,019,460 $ 3,054 $
Capital Improvement $ 65,077 87,871 $ 22,794 $
Refuse $ 1,463,362 1,279,679 $ (183,683) $
Trust $ 218,117 957,012 $ 738,895 $
Successor Agency $ 375,259 272,963 $ (102,296) $
AB 3229 Supp Law Enforce $ 399,139 416,914 $ 17,775 $
Total Cash in Treasury: 26,664,584 $ 24,543,219 $ 2,121,365 $ CASH WITH FISCAL AGENT - RESERVE FUNDS Cost Basis Market Value Current Yield 2005 Revenue Refunding Bonds
Big Bear Lake Reserve Fund $ 578,600 578,600 $ 0.01%
Moonridge Reserve Fund $ 79,282 79,282 $ 0.01%
1999 IA Tax Allocation Bonds $ 289,289 289,289 $ 0.01%
- The aforementioned investments conform to the City's investment policy. (Res. 2021-61) - Cash is sufficient to meet needs of the next 6 months. - Interest earned on invested cash is accrued on a quarterly basis.

Pursuant to California Government Code 53647 all local government agencies are required to report the current market value of investments under management by an outside party. The reserve funds for the aforementioned bond issues are held and managed by the City's Trustee, Union Bank.

CITY OF BIG BEAR LAKE

TREASURER'S REPORT
January 31, 2022
Regular Meeting Minutes – February 7, 2022
-
A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 5:00 p.m., Monday, February 7, 2022, at the Big Bear Lake Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.

PUBLIC FORUM FOR CLOSED SESSION: None.

At the hour of 5:00 p.m., Council adjourned to Closed Session.

At the hour of 6:05 p.m., Mayor Herrick called Open Session to order.

OPEN SESSION
Flag Salute: Flag Salute led by Mayor Pro Tem Mote
Councilmembers Present: Mayor Rick Herrick
Mayor Pro Tem Bynette Mote
Councilmember Alan Lee
Councilmember Perri Melnick
Councilmember Randall Putz
Others Present: Frank A. Rush, Jr., City Manager
Erica Stephenson, City Clerk
Stephen P. Deitsch, City Attorney

RESULTS OF CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6 Name of Negotiators: City Manager and Director of Human Resources Name of Organization: Teamsters Local 1932
No reportable action.

PRESENTATIONS
• Introduction of New City employees:
o Mario Hernandez, Facilities/Parks Maintenance Worker – Public Services Department o Travis Mayne, Facilities/Parks Maintenance Worker – Public Services Department

PUBLIC COMMUNICATIONS
Ion Pasini, Big Bear Lake resident, expressed her concerns with the City’s business license procedures and processes related to mobile retail businesses.

1. CONSENT CALENDAR

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Meeting Minutes
February 7, 2022

1.2 APPROVAL OF MEETING MINUTES FROM THE JANUARY 11, 2022 REGULAR

MEETING OF CITY COUNCIL
Approved.

1.3 RESOLUTION AUTHORIZING A DELEGATE FOR THE MOJAVE DESERT

MOUNTAIN INTEGRATED WASTE JOINT POWERS AUTHORITY
City Council will consider a formal resolution confirming the appointment of Mayor Pro Tem Mote as the City’s Delegate and Councilmember Melnick as the City’s Alternate to the Mojave Desert Mountain Integrated Waste Joint Powers Authority Board of Directors.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-09

RESOLUTION AUTHORIZING A DELEGATE FOR THE MOJAVE DESERT

MOUNTAIN INTEGRATED WASTE JOINT POWERS AUTHORITY

1.4 RESOLUTION AUTHORIZING A DELEGATE FOR THE COUNTY OF SAN

BERNARDINO SOLID WASTE ADVISORY TASK FORCE
City Council will consider a formal resolution confirming the Mayor’s appointment of Mayor Pro Tem Mote as the City’s delegate and Councilmember Melnick as the City’s alternate to the San Bernardino County Solid Waste Advisory Task Force (SWAT).

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-10

RESOLUTION AUTHORIZING A DELEGATE FOR THE COUNTY OF SAN

BERNARDINO SOLID WASTE ADVISORY TASK FORCE

1.5 RESOLUTION AUTHORIZING BID SOLICITATION FOR SANITARY SEWER LINE

REHABILITATION EFFORTS
City Council will consider a formal resolution authorizing the solicitation of bids for the rehabilitation of approximately 2,000 linear feet of sanitary sewer lines in the Red Ant Hill area of the City. This project includes the installation of “cured in place” pipe, which acts as a liner within existing sanitary sewer pipeline, and will correct concerns created by root intrusion, pipe collapse or erosion, and other concerns that inhibit sanitary sewer flow. The “cured in place” approach will extend the useful life of the sanitary sewer lines, prevent the need to dig up and replace the lines, and limit the degree of disruption in the community. A total of $125,000 is included in the FY 2021-22 Sanitation Fund budget for this project. Assuming favorable bids, a contract recommendation will be presented to City Council in April so that work may commence as soon as the weather conditions permit.

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Meeting Minutes
February 7, 2022
Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-11

RESOLUTION AUTHORIZING BID SOLICITATION FOR

SANITARY SEWER LINE REHABILITATION EFFORTS

1.6 RESOLUTION AUTHORIZING A CONTRACT FOR THE DEMOLITION OF STRUCTURES LOCATED AT 794 AND 808 IRIS DRIVE
City Council will consider a formal resolution authorizing a contract with UBD, Inc., North Hollywood, CA, in the amount of $53,000 for the demolition of City-owned structures located at 794 and 808 Iris Drive. These structures are located in the northeastern corner of the Civic Center campus, and the demolition of these structures will allow the City to utilize this land for alternative purposes in the future. City Council has previously discussed various ideas for the future use of this property, including workforce housing, new City facilities, or open space. The FY 2021-22 budget includes a total appropriation of $85,000 for this project. A total of 8 bids were received for the demolition, with UBD, Inc. submitting the lowest responsive bid. If awarded, demolition work would commence later this spring as weather conditions permit.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-12

RESOLUTION AUTHORIZING A CONTRACT FOR THE DEMOLITION
OF STRUCTURES LOCATED AT 794 AND 808 IRIS DRIVE

1.7 RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR THE CIVIC

CENTER EAST SIDEWALK HEATER PROJECT
City Council will consider a formal resolution authorizing a Notice of Completion for the Civic Center East Sidewalk Heater Project. The City Council awarded a construction contract to S.

Porter, Inc., Big Bear City, CA, in August 2021 for the installation of heating elements for the existing sidewalk on the east side of the Civic Center complex. The sidewalks were constructed as part of a previous project, however, the heating elements were deferred at that time due to budgetary constraints. S. Porter, Inc. has now completed the installation of the heating elements and all associated infrastructure, and the project has been inspected by appropriate City staff. The total expenditure for this project is $84,000, which is consistent with the awarded construction contract and the authorized project budget.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-13

RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR

THE CIVIC CENTER EAST SIDEWALK HEATER PROJECT

1.8 RESOLUTION AUTHORIZING A PURCHASE ORDER FOR SANITARY SEWER

MANHOLE COVERS

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Meeting Minutes
February 7, 2022
City Council will consider a formal resolution authorizing a purchase order with Famcon Pipe and Supply, Inc., Oxnard, CA, in the amount of $42,086 for the purchase of 100 sanitary sewer manhole covers. The Public Services Department is responsible for the maintenance and operation of the City’s sanitary sewer system, which includes approximately 200 miles of pipeline, 12 lift stations, and 3,000 manholes. As a part of routine system maintenance and City street rehabilitation work, City staff replace approximately 100 sewer manhole covers annually. The City utilizes a standard product manufactured by PAMREX, and seeks to continue to utilize these products in the sanitary sewer system. Famcon Pipe and Supply, Inc. is the only designated supplier for this product within the region. The FY 2021-22 budget includes a total appropriation of $100,000 for sewer manhole covers.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-14

RESOLUTION AUTHORIZING A PURCHASE ORDER FOR

SANITARY SEWER MANHOLE COVERS

1.9 RESOLUTION AUTHORIZING SUBMISSION OF A NOTIFICATION OF INTENT TO COMPLY WITH SB 1383 PURSUANT TO A CORRECTIVE ACTION PLAN PRESCRIBED BY SB 619
City Council will consider a formal resolution authorizing the submission of a notification of intent to comply with the requirements of SB 1383 through the development of a corrective action plan as allowed by SB 619. SB 1383 is the State’s short-lived climate pollutants reduction strategy and focuses primarily on the elimination of organic material from landfills. SB 1383 went into effect on January 1, 2022 and mandates enhanced solid waste management and handling requirements, including source separation of organic material including vegetative debris (or yard waste) and food waste, and other strategies to eliminate organic waste from the typical solid waste stream. SB 619 was enacted into law in October 2021, and provides an expanded timeline for local jurisdictions to comply with the requirements of SB 1383. SB 1383 will require changes to the City’s existing curbside collection and commercial solid waste services, and the implementation of SB 1383 is one component of the City’s current efforts to improve the City’s overall solid waste program and execute a new long-term agreement for solid waste services. City staff anticipate that these efforts will culminate with the approval of a new long-term agreement for solid waste services within the next year, and the approval of the attached resolution and SB 619 corrective action plan would ultimately extend the City’s deadline to fully comply with SB 1383 to June 30, 2023.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-15

RESOLUTION AUTHORIZING SUBMISSION OF A NOTIFICATION
OF INTENT TO COMPLY WITH SB 1383 PURSUANT TO A
CORRECTIVE ACTION PLAN PRESCRIBED BY SB 619

1.10 RESOLUTION AUTHORIZING GRANT FUNDING APPLICATIONS TO THE

CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR THE

RECREATIONAL TRAILS PROGRAM

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Meeting Minutes
February 7, 2022
City Council will consider a formal resolution authorizing the submission of two grant applications to the California Department of Parks and Recreation, Recreational Trails Program for a) future development of the Rathbun Creek bicycle and pedestrian trail, and b) future development of park amenities at the Stanfield Marsh property. The proposed resolution authorizes a $2 million grant application for the Rathbun Creek trail segments located between the Big Bear Alpine Zoo and Sandalwood Drive, and a $2 million grant application for the Stanfield Marsh park amenities, including new paved trails, boardwalk improvements, and parking lot improvements. If awarded, the grants would be matched with existing funding programmed for these projects, which is derived from other grants and transient occupancy tax revenues in the Measure Y Fund.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-16

RESOLUTION AUTHORIZING GRANT FUNDING APPLICATIONS TO

THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR

THE RECREATIONAL TRAILS PROGRAM
Motion made by Mayor Pro Tem Mote, seconded by Councilmember Putz, to approve the balance of the Consent Calendar.

Said motion was approved by the following vote:

AYES: Lee, Putz, Mote, Melnick, Herrick
NOES: None
ABSTAIN: None
ABSENT: None

ITEMS REMOVED FROM THE CONSENT CALENDAR

1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 12/15/2021 THROUGH 1/20/2022 IN THE AMOUNT OF $2,169,187 AND THE DECEMER 2021 TREASURER’S REPORT This item was pulled from the Consent Calendar by Councilmember Lee for further discussion; Councilmember Lee inquired about several expenditures and Kelly Ent, Director of Administrative Services, and Frank A. Rush, Jr., City Manager, responded to Councilmember Lee’s questions and addressed his concerns.

Motion made by Mayor Pro Tem Mote, seconded by Councilmember Melnick, to approve the demands report.

Said motion was approved by the following vote:

AYES: Melnick, Mote, Lee, Putz, Herrick
NOES: None
ABSTAIN: None
ABSENT: None

2. PUBLIC HEARINGS

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2.1 ORDINANCE AMENDING CHAPTER 16.07 – SUBDIVISIONS - AND CHAPTER 17.25 - RESIDENTIAL ZONES – OF THE MUNICIPAL CODE TO IMPLEMENT SB 9 AND

REGULATE URBAN LOT SPLITS AND ADDITIONAL UNITS ON SINGLE-FAMILY

RESIDENTIAL PROPERTIES, AND FINDING THE ORDINANCE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
City Council will conduct a public hearing to receive comments regarding proposed amendments to implement recent State mandates to allow for urban lot splits and approval of up to four units on single-family residential properties. The proposed ordinance implements SB 9, establishes a ministerial process for approval of urban lot splits and additional units, and includes various regulations intended to promote and preserve single-family neighborhood characteristics to the maximum extent possible. The proposed amendment to Chapter 16.07 – Subdivisions - includes the addition of section 16.07.060 - Urban Lot Splits - to allow and regulate these lot splits on R-L (residential low) and R-1 (single-family) zoned properties citywide. Proposed amendments to Chapter 17.25 – Residential Zones, specifically section 17.25.130 - Second Units and Two-Unit Projects, would allow and regulate such projects in the R-L (residential low) and R-1 (single-family) zone districts citywide. The proposed ordinance follows a similar urgency ordinance adopted by the City Council on January 11, 2022, and was discussed by the Planning Commission at its January 19, 2022 meeting. The Planning Commission voted 4-0 to recommend approval of the proposed ordinance.

Janice Etter, Senior Principal Planner, presented the item, read the title of the proposed ordinance, and answered a myriad of Council’s questions.

Following Council discussion, Mayor Herrick opened the public hearing at the hour of 6:38 p.m. Seeing no speakers, Mayor Herrick closed the public hearing at the hour of 6:38 p.m.

A motion was made by Mayor Pro Tem Mote to approve staff’s recommendation with the exception of a strike-through on section 16.07.060 (e)(10)(B)(i)(1) to eliminate a minimum unit size. The motion failed due to a lack of second.

Following further Council discussion, a motion was made by Councilmember Putz, seconded by Councilmember Melnick, to approve staff’s recommendation to read the title, waive further reading, and introduce an ordinance entitled:

ORDINANCE AMENDING CHAPTER 16.07 – SUBDIVISIONS - AND
CHAPTER 17.25 - RESIDENTIAL ZONES – OF THE MUNICIPAL CODE TO IMPLEMENT SB 9 AND REGULATE URBAN LOT SPLITS AND

ADDITIONAL UNITS ON SINGLE-FAMILY RESIDENTIAL PROPERTIES,

AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Said motion was approved by the following vote:

AYES: Putz, Melnick, Lee, Herrick
NOES: Mote
ABSTAIN: None
ABSENT: None

2.2 2022 CITY COUNCIL REDISTRICTING

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City Council will receive a presentation, conduct a public hearing, and continue the City’s decennial redistricting process by reviewing several proposed draft district map options. 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 third of four required public hearings scheduled to allow for Council and community engagement, discussion, and legally-compliant district development. City Council will review the various map options and provide feedback at the February 7 meeting, and will conduct the 4th public hearing at the March 7 meeting. If there is some degree of consensus among the Council at the February 7 meeting, City Council is expected to formally consider and approve a new district map at the March 7 and April 4 meetings (two readings). However, if there is not consensus at the February 7 meeting, it may be necessary to schedule a special meeting sometime in March in order to meet the April 17 deadline for submission of the approved map to San Bernardino County.

At 7:00 p.m., Stephen Deitsch, City Attorney, introduced Scott Smith, BB&K Partner, to present this item. Scott Smith reviewed the existing districts and their respective boundaries, presented several map options, and answered a myriad of Council’s questions.

Following Council discussion, Mayor Herrick opened the public hearing at the hour of 7:32 p.m., and the following individual approached Council:

Ion Pisani, Big Bear Lake resident, believes that the adopted district map should be representative of neighborhoods and communities of interest so that Councilmembers can appropriately advocate for the residents within his/her district.

Seeing no additional speakers, Mayor Herrick closed the public hearing at the hour of 7:34 p.m.

Council engaged in a discussion of their preferred maps and indicated what maps they would like to pursue further for consideration. Councilmember Melnick preferred option 1; Mayor Pro Tem Mote initially preferred option 5b, option 12, option 13 and option 14 but then indicated she wouldn’t mind reviewing a comparison of just option 1 and option 5b; Councilmember Putz preferred option 5b and option 1; Mayor Herrick preferred option 1 and option 5b; and Councilmember Lee did not present his preferred map option(s) at this time but expressed his interest to review detailed analysis on map options 1, 5a & 5b.

Scott Smith, BB&K Partner, will further analyze map option 1 and option 5b for further discussion and consideration at a future Council meeting.

At the hour of 7:57 p.m., Mayor Herrick called for a short recess.

At the hour of 8:06 p.m., Mayor Herrick reconvened the meeting.

2.3 RESOLUTION ADOPTING VEHICLE MILES TRAVELED (VMT) THRESHOLDS OF

SIGNIFICANCE FOR CEQA PURPOSES
City Council will conduct a public hearing and consider a formal resolution adopting VMT thresholds of significance. On July 1, 2020, state law went into effect whereby VMT replaced motor vehicle delay (measured by level of service, or LOS) as the metric to determine transportation impacts evaluated under the California Environmental Quality Act (CEQA). Under the City’s proposed standards, certain projects may be screened out from the need for additional transportation

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studies based on the size, type, and intensity. For example, projects that generate fewer than 500 average daily trips, retail projects with less than 50,000 square feet, smaller hotel developments, small and medium sized residential developments, and many public projects would not be required to address VMT impacts. Larger projects that are not initially screened out may need to prepare a more detailed assessment of the anticipated VMT impacts and implement mitigation measures. The Planning Commission considered the proposed VMT thresholds at a public meeting on December 15, 2021, and recommends adoption by the City Council.

Susan O’Strander, Director of Community Development, presented the City’s VMT consultant Ambarish Mukherjee, Principal/Senior Transportation Engineer for LSA. Ambarish Mukherjee reviewed SB 743 and VMT including key concepts and how VMT has the potential to streamline projects when being reviewed under the California Environmental Quality Act (CEQA).

At the hour of 8:34 p.m., Mayor Herrick opened the public hearing. Seeing no speakers, Mayor Herrick closed the public hearing at 8:35 p.m.

Following Council discussion, a motion was made by Councilmember Lee, seconded by Councilmember Melnick, to approve staff’s recommendation and adopt the following resolution entitled:

RESOLUTION NO. 2022-17

RESOLUTION ADOPTING VEHICLE MILES TRAVELED (VMT) THRESHOLDS

OF SIGNIFICANCE FOR CEQA PURPOSES
Said motion was approved by the following vote:

AYES: Melnick, Lee, Putz, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None

2.4 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR PROGRAM YEAR 2022-2023
City Council will conduct a public hearing and consider two formal resolutions associated with the City’s 2022-23 CDBG application. City Council will receive public input before considering a recommendation to the San Bernardino Economic Development Agency to fund a portion of the cost of planned walkway improvements at Boulder Bay Park. The proposed resolution authorizes a CDBG allocation of approximately $39,194 for the project, and these funds would supplement anticipated future CDBG funds and Measure Y (transient occupancy tax) proceeds in future years to provide a total project budget of approximately $190,000 in FY 2023-24. City Council will also consider a formal resolution that would include a General Fund appropriation in the FY 2022-23 City budget in the amount of $40,000 for distribution to 8 eligible public service organizations. This approach enables the City to provide beneficial funding to all 8 organizations, and also reduces bureaucratic requirements associated with the CDBG program.

Councilmember Putz disclosed that his spouse is a Board Member and Interim Director for the Lighthouse Project; the City Attorney Stephen Deitsch confirmed that there is not a Conflict of Interest and Councilmember Putz is not required to recuse himself from this item.

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Councilmember Melnick disclosed that she is a member of Soroptimists International of Big Bear Valley; the City Attorney Stephen Deitsch confirmed that there is not a Conflict of Interest and Councilmember Melnick is not required to recuse herself from this item.

Susan O’Strander, Director of Community Development presented the item and answered Council’s questions.

Following Council discussion, Mayor Herrick opened the public hearing at the hour of 8:45 p.m., and the following individual approached Council:

Andrew Caffey, Mom & Dad Project Coordinator, thanked the City and City Councilmembers for their continued support of the Mom & Dad Project and highlighted the positive impact their organization’s services provide to our community.

Seeing no additional speakers, Mayor Herrick closed the public hearing at the hour of 8:47 p.m.

A motion was made by Councilmember Melnick, seconded by Mayor Pro Tem Mote, to approve staff’s recommendation and adopt the following resolution entitled:

RESOLUTION NO. 2022-18

RESOLUTION TO MAKE A PROJECT FUNDING RECOMMENDATION TO THE COUNTY OF SAN BERNARDINO USING THE CITY’S 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION OF $39,194
Said motion was approved by the following vote:

AYES: Mote, Lee, Putz, Melnick, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
A motion was made by Councilmember Melnick, seconded by Mayor Pro Tem Mote, to approve staff’s recommendation and adopt the following resolution entitled:

RESOLUTION NO. 2022-19

RESOLUTION RECOMMENDING APPROPRIATION OF FUNDS DURING THE 2022-2023 BUDGET CYCLE FOR LOCAL PUBLIC SERVICE PROGRAMS REQUESTING 2022-2023 CDBG FUNDS
Said motion was approved by the following vote:

AYES: Melnick, Putz, Lee, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None

3. DISCUSSION/ACTION ITEMS

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3.1 RESOLUTION INCREASING THE DEPARTMENT OF WATER AND POWER BOARD

OF COMMISSIONERS MONTHLY STIPEND
City Council will consider a formal resolution to increase the Department of Water and Power (DWP) Board of Commissioners compensation from $400 per month to $500 per month. The DWP Board’s compensation was last increased by the City Council in June 2005 to $400 per month. The DWP Board’s compensation was recently reviewed as part of a comprehensive compensation study, and that study recommended an increase to $600 per month. Additionally, the application of the consumer price index annually since 2005 would result in an increase to $603 per month. The proposed resolution, however, would establish a $500 per month stipend, and would be consistent with the current monthly stipend provided to members of the City Council.

Councilmember Lee requested that Mayor Herrick recuse himself from the item’s discussion because he receives compensation from the DWP for advertising on his radio station. City Attorney Stephen Deitsch confirmed that there is not a Conflict of Interest because a government agency is purchasing advertising time and Mayor Herrick is not required to recuse himself from this item.

Reggie Lamson, DWP General Manager, presented the item and answered a myriad of Council’s questions.

Following Council discussion, a motion was made by Councilmember Lee to deny staff’s recommendation of increasing the DWP Board of Commissioners compensation from $400 to $500. The motion failed due to a lack of a second.

Following further Council discussion, a motion was made by Mayor Pro Tem Mote, seconded by Councilmember Putz, to approve staff’s recommendation and adopt the following resolution entitled:

RESOLUTION NO. 2022-20

RESOLUTION INCREASING THE DEPARTMENT OF WATER &

POWER BOARD OF COMMISSIONERS MONTHLY STIPEND
Said motion was approved by the following vote:

AYES: Melnick, Mote, Putz, Herrick
NOES: Lee
ABSTAIN: None
ABSENT: None

3.2 ORDINANCE APPROVING AND ADOPTING A CITY POLICY REGARDING THE USE

OF CITY FACILITIES AND RESOURCES FOR POLITICAL CAMPAIGN ACTIVITIES City Council will consider reading the title, waiving further reading, and introducing an ordinance that would approve and adopt a formal City policy prohibiting campaign activities at certain City facilities. The proposed ordinance would specifically prohibit these activities by any candidate or group inside of or on the grounds of any City of Big Bear Lake government building, including the Civic Center campus, the City Public Works facility, and the Department of Water & Power facility.

The proposed ordinance would not apply to other local, State, and Federal government buildings in the City, however, campaign activities would be regulated by the building owner and/or public agency housed therein, and may or may not be permitted. Campaign activities would continue to be

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permitted on private property (with the consent of the property owner), in City parks, and on City sidewalks, provided such activities do not create an unsafe condition for park users, pedestrians, or others. The proposed ordinance is presented to avoid the appearance of City support for a particular candidate or either side of any proposed ballot measure or citizen initiative.

City Attorney Stephen Deitsch presented the item, read the title of the ordinance, and answered a myriad of Council’s questions and addressed their concerns.

Mayor Herrick invited the public to speak on the item and the following individuals approached Council:

Colin Sarjeant, Big Bear Lake resident, expressed his disapproval with the proposed ordinance, indicating that it infringes upon an individual’s right to free speech.

Jim Hart, Big Bear Lake resident, sought clarification on what constitutes a “City Facility” and inquired as to where the proponents of the initiative can collect signatures.

Susan Hart, Big Bear Lake resident, requested that the Councilmembers be transparent in regard to their views on certain topics especially in light of this being an election year.

Council came to a consensus and decided not to take action on the proposed ordinance.

A motion was made by Councilmember Putz to extend the meeting to 10:15 p.m. The motion failed due to a lack of a second.

A motion was made by Councilmember Lee to continue with the meeting until the agenda is fulfilled and moving forward when a Council Meeting is adjourned prior to completion, the next meeting will begin with the remaining agenda items from the pervious meetings. The motion failed due to a lack of a second.

4. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS

4.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
The meeting was adjourned prior to this portion of the agenda, therefore, there were not any City Clerk, City Attorney, City Manager Comments.

4.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
The meeting was adjourned prior to this portion of the agenda, therefore, there were not any Councilmember Board/Committee Reports & Comments.

ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting at 10:02 p.m. in memory and honor of former City of Big Bear Lake Mayor Neal Hertzman. ____________________________
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 1.3
ORDINANCE AMENDING CHAPTER 16.07 – SUBDIVISIONS – AND CHAPTER 17.25 – RESIDENTIAL ZONES – OF THE MUNICIPAL CODE TO IMPLEMENT SB 9 AND REGULATE URBAN LOT SPLITS AND

ADDITIONAL UNITS ON SINGLE-FAMILY RESIDENTIAL PROPERTIES, AND FINDING THE ORDINANCE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

ACTION TO BE CONSIDERED
City Council will consider adoption of an ordinance that implements SB 9, establishes a ministerial process for approval of urban lot splits and additional units, and includes various regulations intended to promote and preserve single-family neighborhood characteristics to the maximum extent possible. The proposed amendment to Chapter 16.07 – Subdivisions - includes the addition of section 16.07.060 - Urban Lot Splits - to allow and regulate these lot splits on R-L (residential low) and R-1 (single-family) zoned properties citywide. Proposed amendments to Chapter 17.25 – Residential Zones, specifically section 17.25.130 - Second Units and Two-Unit Projects, would allow and regulate such projects in the R-L (residential low) and R-1 (single-family) zone districts citywide. City Council introduced the ordinance, read the title, and waived further reading at the February 7, 2022, regular meeting.

RECOMMENDED MOTION(S)
Motion to adopt the Ordinance Amending Chapter 16.07 – Subdivisions – and Chapter 17.25 – Residential Zones – of the Municipal Code to Implement SB 9 and Regulate Urban Lot Splits and Additional Units on Single-Family Residential Properties, and Finding the Ordinance Exempt from the California Environmental Quality Act.

RESPONSIBLE STAFF Sue O’Strander, Community Development Director Janice Etter, Senior Principal Planner

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 Janice Etter, AICP, Sr. Principal Planner
SUBJECT: Ordinance Amending Chapter 16.07 – Subdivisions- And Chapter 17.25 – Residential Zones – Of The Municipal Code To Implement SB 9 And Regulate Urban Lot Splits And Additional Units On Single-Family Residential Properties, And Finding The Ordinance Exempt From The California Environmental Quality Act

BACKGROUND
On February 7, 2022, the City Council held a public hearing and introduced an ordinance to replace Urgency Ordinance No. 2022-499 and implement the provisions of Senate Bill 9 (SB 9). The City Council conducted a public hearing, introduced the permanent ordinance, read the title, and waived further reading of the attached ordinance.

The City Council’s action was preceded by the Planning Commission’s action on January 19, 2022, which recommended that the City Council adopt an ordinance revising two sections of the Big Bear Lake Municipal Code; specifically Chapter 16.07 regulating subdivisions, and Chapter

17.25 regulating residential development, in response to the new regulations created by SB 9.

DISCUSSION
SB 9 made two significant changes to California law. First, it made changes to the California Subdivision Map Act in Government Code Section 66411.7 creating a new process called an “urban lot split.” Next, the law made changes to California zoning law, contained in California Government Code Section 65852.21, to require cities to allow second units and two-unit projects in single family residential zones. Moreover, the new state laws require that cities allow both urban lot splits and the construction of second units or two-unit projects on the newly created lots, all by ministerial action. The City is only allowed to adopt objective subdivision, zoning, and design standards.

Development Code Amendment 2021-160 proposes to add Section 16.07.060 to the City’s Subdivision Ordinance, codified in Municipal Code Chapter 16.07 “Subdivisions,” to allow and regulate urban lot splits, including establishing objective subdivision standards. The Amendment further proposes to revise Section 17.25.130 of Development Code Chapter 17.25 “Residential Standards,” to allow and regulate second units and two-unit projects, and establish objective zoning and design standards, thereby bringing the City’s ordinances into compliance with the new state law.

ENVIRONMENTAL DETERMINATION
Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9. A Notice of Exemption is attached as Attachment 2.

FISCAL IMPACT
There are no fiscal impacts associated with the adoption of the recommended ordinance.

ATTACHMENTS

1. Ordinance No. 2022-xxx

2. CEQA Notice of Exemption
ATTACHMENT 1
Ordinance No.
2022-xxx
ORDINANCE NO. 2022-xxx
ORDINANCE AMENDING CHAPTER 16.07 – SUBDIVISIONS - AND CHAPTER

17.25 - RESIDENTIAL ZONES - OF THE MUNICIPAL CODE TO IMPLEMENT SB 9 AND REGULATE URBAN LOT SPLITS AND ADDITIONAL UNITS ON SINGLEFAMILY RESIDENTIAL PROPERTIES, AND FINDING THE ORDINANCE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Big Bear Lake, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to regulate the use of buildings, structures, and land as between industry, business, residences, and open space, and other purposes; to regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot which may be occupied by a building or structure, and the intensity of land use; and to establish requirements for off-street parking, in compliance with the California Government Code. The City has adopted such an ordinance, referred to as the Development Code, adopted by Ordinance No. 2003-333, on September 8, 2003, and codified in the Municipal Code as Chapter 17; and
WHEREAS, Section 17.03.200 of the Development Code includes provisions for amendments to the Development Code; and
WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code Sections 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects.

SB 9 took effect on January 1, 2022, and preempts any conflicting City ordinance; and WHEREAS, on January 11, 2022, the City Council adopted Urgency Ordinance No 2022-499 containing revisions to Municipal Code Chapter 16.07 Subdivisions and Development Code Chapter 17.25 Residential Zones, to implement the provisions of SB 9 until the adoption of a nonurgency ordinance. Upon the effective date of this non-urgency ordinance, Urgency Ordinance No. 2022-499 is rescinded and shall be deemed of no further force or effect; and WHEREAS, SB 9 allows local agencies to adopt objective subdivision, zoning, and design standards for urban lot splits, second units and two-unit projects; and WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code Sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and WHEREAS, the approval of urban lot splits and two-unit projects based solely on the State’s standards, without appropriate regulations governing unit size, height, setback, lot coverage, access, design standards, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of a City ordinance; and WHEREAS, the Planning Commission considered Development Code Amendment 2021-160, to amend the City’s subdivision regulations contained in Municipal Code Chapter 16.07 (Subdivisions) to add a new section, Section 16.07.060 to allow and regulate “Urban Lot Splits” as contained in California Government Code Section 66411.7. Development Code Amendment 2021-160 further proposes to amend the City’s Residential zoning regulations contained in the City’s Municipal Code (Title 17) known also as the Development Code by repealing Development Code Section 17.25.130 currently titled Temporary Dependent Housing Units, comprising outdated legislation and retitling this section Second Units and Two-Unit Projects with new language to allow and regulate second units and two-unit projects as contained in California Government Code 65852.21; and
WHEREAS, on January 19, 2022, the Planning Commission conducted a duly noticed public hearing on the Application in Hofert Hall of the Civic and Performing Arts Center at 39707 Big Bear Boulevard, Big Bear Lake, CA, 92315 and concluded the hearing on this date with the adoption of Resolution No. PC2022-02 by a vote of 4 in favor, 0 against, and 1 absent. This resolution recommends that the City Council approve Development Code Amendment 2021-160 by adoption of an ordinance and find the action exempt from the California Environmental Quality Act; and
WHEREAS, public notice of the public hearing of February 7, 2022, on Development Code Amendment 2021-160 was published in The Grizzly newspaper, on January 26, 2022, posted in three public places and advertised on the City’s website; and WHEREAS, on February 7, 2022, the City Council conducted a duly noticed public hearing on the Development Code amendment in Hofert Hall of the Civic and Performing Arts Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315. The City Council read the title, waived further reading, and introduced an ordinance approving Development Code Amendment 2021-160 and amending Municipal Code Chapter 16.07 (Subdivisions) and Development Code Chapter 17.25 (Residential Zones) allowing and regulating urban lot splits, second units, and two-unit projects consistent with Senate Bill 9 (SB 9) and finding the adoption of an ordinance to implement SB 9 statutorily exempt from the California Environmental Quality Act; and WHEREAS, on March 7, 2022, the City Council conducted a public meeting on the Development Code amendment in Hofert Hall of the Civic and Performing Arts Center, 39707 Big Bear Boulevard, Big Bear Lake, California, 92315, and adopted an ordinance approving Development Code Amendment 2021-160 and amending Municipal Code Chapter 16.07 (Subdivisions) and Development Code Chapter 17.25 (Residential Zones) allowing and regulating urban lot splits, second units, and two-unit projects consistent with Senate Bill 9 (SB 9) and finding the adoption of an ordinance to implement SB 9 statutorily exempt from the California Environmental Quality Act; and,
WHEREAS, the adoption of an Ordinance to implement the requirements of SB 9 is Statutorily Exempt from the California Environmental Quality Act pursuant to Division 13, Section 21000 of the Public Resources Code; and
WHEREAS, all legal prerequisites to the adoption of this ordinance 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 under California Government Code Sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by the city to regulate urban lot splits, second units, and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

Section 3. Based on the evidence presented to the City Council at the February 7, 2022, and March 7, 2022, public hearing and meeting, including public testimony and written and oral agenda reports, the City Council specifically finds as follows with respect to Development Code Amendment 2021-160:

1. The proposed Development Code Amendment conforms to the goals, objectives and policies of the General Plan, specifically that the proposed amendment is necessary to comply with state law and supports the development of additional housing units. The amendment is consistent with Land Use Element Policy L3.1 to permit a range of residential housing types and density throughout the City. The proposed objective design standards comply with Community Design Element CD 3.1 and CD 3.3 that accessory structures shall use the same design theme and materials as the primary structure, and that building materials should promote a mountain design theme through emphasis on wood, stone, and natural materials. The proposed amendment is consistent with several of the policies of the 2021-2029 Housing Element, specifically Policy H1.1 to ensure availability of adequate land capacity to allow for different densities and housing types for all income levels; and Goal H3 to facilitate housing development with minimal governmental constraints. The proposed fire mitigation measures are appropriate to comply with Public Services Element PS 7.2.4 to require approved access for firefighting equipment and emergency evacuations; and Element PS 7.4 to maintain, review, and enforce fire code standards.

2. The proposed Development Code amendment is necessary to implement the General Plan and to provide for public safety convenience and/or general welfare because the provisions of SB 9 are currently law. The City wishes to adopt an ordinance to appropriately regulate urban lot splits and second unit/two-unit projects for the preservation of the public peace, health, safety, and general welfare of the citizens and property owners. Absent regulations of our own, urban lot splits and the development of second units and two-unit projects would be subject to very few requirements and potentially be developed in a manner inconsistent with existing neighborhoods and the City’s General Plan.

3. The proposed Development Code amendment conforms to the intent of the Development Code and is consistent with all other related provisions thereof. Under the provisions of SB 9, the City is allowed to adopt objective subdivision, zoning, and design standards that do not conflict with the revised state law. The City proposes to adopt such measures for setbacks, building height, minimum lot frontage, and building appearance that apply to all development throughout the City to provide for orderly development of properties.

4. The proposed Development Code Amendment is reasonable and beneficial at this time because SB 9 was signed into law on September 16, 2021, and became effective on January 1, 2022. The bill requires the City to adopt regulations to implement the revisions to the Subdivision Map Act (Government Code 66411.7) and California zoning law (Government Code Section 65852.21.) Therefore, this Development Code amendment is reasonable and beneficial at this time to bring the City’s regulations into compliance with state law.

Section 4. Based on the findings and conclusions as set forth in Sections 1, 2, and 3 above, the City Council hereby adopts an ordinance approving Development Code Amendment 2021-160 amending Municipal Code Chapter 16.07 (Subdivisions) as provided in Exhibit 1 and Development Code Chapter 17.25 (Residential Standards) as provided in Exhibit 2.

Section 5. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions of applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council and the people of the City of Big Bear Lake hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section subsection, sentences clauses or phrases be declared invalid of unconstitutional.

Section 6. 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 7th day of March, 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 is five; that the foregoing Ordinance, being 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 CHAPTER 16.07 – SUBDIVISIONS - AND CHAPTER

17.25 - RESIDENTIAL ZONES - OF THE MUNICIPAL CODE TO IMPLEMENT SB 9 AND REGULATE URBAN LOT SPLITS AND ADDITIONAL UNITS ON SINGLEFAMILY RESIDENTIAL PROPERTIES, AND FINDING THE ORDINANCE

EXEMPT FROM 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 7th day of March 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
ORDINANCE NO. 2022-XXX
DEVELOPMENT CODE AMENDMENT 2021-160
EXHIBIT 1

THE FOLLOWING CHAPTERS AND SECTIONS OF THE BIG BEAR LAKE MUNICIPAL CODE SHALL BE MODIFIED AS FOLLOWS:

MUNICIPAL CODE CHAPTER 16.07 SUBDIVISIONS
Section 16.07.060 Urban Lot Splits
(a) Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7.
(b) Definition. An “urban lot split” means a subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section. (c) Application.
(1) Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code §402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by §214.15).
(2) An application for an urban lot split must be submitted on the city’s approved form.

Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (3) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
(1) An application for a parcel map for an urban lot split is approved or denied ministerially, by the Community Development Director or his/her designee director, without discretionary review.
(2) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.
(3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter. (4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
(e) Requirements. An urban lot split must satisfy each of the following requirements:
(1) Map Act Compliance.
(A) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code §66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.
(B) If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
(i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract. (ii) The city has all the remedies available to it under the SMA, including but not limited to the following:
(I) An action to enjoin any attempt to sell, lease, or finance the property.
(II) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(IV) Record a notice of violation.
(V) Withhold any or all future permits and approvals.
(C) Notwithstanding section 66411.1 of the SMA, no dedication of rights-ofway or construction of offsite improvements is required for an urban lot split.
(2) Zone. The lot to be split through an urban lot split is located in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is one (1) singlefamily residential dwelling unit on a lot, specifically the R-L and R-1 zones. Urban lot splits are prohibited in the Multiple Family Residential (R-3), all Commercial, and Village Specific Plan (VSP) zones.
(3) Lot Location.
(A) The lot to be split is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
(iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) Within a 100-year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) Habitat for protected species.
(x) Land under conservation easement.
(B) The purpose of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
(4) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
(5) No Prior Urban Lot Split.
(A) The lot to be split was not established through a prior urban lot split. (B) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
(6) No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(7) Lot Size.
(A) The lot to be split must be at least 2,400 square feet in area. (B) Each lot resulting from an urban lot split be at least 1,200 square feet in area.
(C) Each of the resulting lots must be approximately equal halves (50 percent of the original lot area) but no less than 60 percent and 40 percent of the original lot area.
(8) Easements.
(A) The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots, if such easements are required by the utility companies.
(B) Each easement must be shown on the tentative parcel map. (C) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (d)(2) above.
(9) Lot Access.
(A) As required by Development Code Section 17.25.080.B., each new parcel shall have direct street access to the public right-of-way or private street.

The use of private easements as the only access to urban lot split lots is not allowed. However, this provision shall not preclude adjacent property owners from granting reciprocal access rights to each other to share a common driveway. In order to minimize the number of driveways along a street, shared driveways between adjacent properties and urban lot split parcels is encouraged.
(B) Each resulting lot must have frontage on the public right of way of at least twelve (12) feet. A “flag lot” is allowed provided that the flag “pole” portion of the lot shall be a minimum of 12 feet in width as measured at the public right-of-way.
(10) Unit Standards.
(A) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a second unit or two-unit project created under this code, an ADU, or a JADU.
(B) Unit Size.
(i) The total floor area of each dwelling unit that is developed on a lot resulting from an urban lot split must be:
(I) Equal to or greater than 500 square feet in area, and (II) Less than or equal to 800 square feet in area.
(ii) A dwelling unit that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. The floor area of the original dwelling unit may not be expanded.
(iii) A dwelling unit that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
(C) Building Height. The maximum building height of a primary dwelling unit shall be 22 feet, measured in the manner established in Development Code Section 17.02.030 “Building Height.” Relief from setbacks will be granted before relief from building height.
(D) Lot Coverage. As established in Development Code Table 17.25.050.A., the maximum lot coverage allowed in the Residential-Low (R-L) zone is thirty (30) percent. The maximum lot coverage allowed in the Single Family Residential (R-1) zone is forty (40) percent. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(E) Open Space. The open space requirements shall be those established in Development Code Table 17.25.050.A. for the Residential-Low (R-L) and Single Family Residential (R-1) zones. This standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(F) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone as stated in Development Code Section 17.25.050.
(ii) Exceptions. Notwithstanding subpart (e)(10)(F) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(II) Side Yard and Rear Yard Setbacks. The setbacks
imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
(iii) Front and Streetside Setbacks. Where the property is adjacent to a public or private street having a right-of-way width of less than 40 feet, the minimum front setback (and streetside setback where the property contains more than one street frontage) shall be 20 feet. Where the property is adjacent to a public or private street having a right-of-way width of 40 feet or greater, the minimum front setback (and streetside setback where the property contains more than one street frontage) shall be 15 feet. (G) Parking. Each new primary dwelling unit that is built on a lot created by an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit service, or
(ic) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less
during the morning and afternoon peak commute
periods.
(III.) The site is located within one block of a car-share vehicle location.
(H) Architecture.
(i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit shall match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(ii) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings shall match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(iii) Exterior siding materials of the dwelling units shall consist of at least two (2) of the following materials; wood or wood-appearing material in a horizontal application, wood or wood-appearing material in a vertical application, natural or cultured stone, decorative masonry, metal, and stucco. Stucco shall not be applied to an area greater than sixty percent (60%) of any wall surface.

Metal siding shall only be used as an accent material and may not be applied to an area greater than twenty-five percent (25%) of any wall surface.
(iv) All exterior lighting shall comply with Development Code Section

17.25.080. E. Lighting.
(I) Landscaping. All landscaping shall comply with Development Code Section 17.25.080.C. Open Space and Landscaping and the provisions of the California Model Water Efficient Landscape Ordinance (MWELO), as adopted by the City of Big Bear Lake and revised from time to time. (J) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. (K) Utilities.
(i) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. (ii) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(L) Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. (11) Fire-Hazard Mitigation Measures.
(A) In order to be eligible to be subdivided under the urban lot split provisions, a lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:
(i) The lot must have direct access to a paved public or private street having a right-of-way width of at least 40 feet.
(ii) The public or private street must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(iii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iv) All structures on the site must have fire sprinklers as required by the building code.
(v) All sides of all dwellings on the site must be within a 150-foot hosepull distance from either the public right of way or of an onsite fire hydrant or standpipe.
(B) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart (e)(11). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application.

The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.
(12) Separate Conveyance.
(A) Within a resulting lot.
(i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. (ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
(iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (13) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on any lot created by urban lot split.
(B) No Vacation Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days. (C) Owner Occupancy. The property owner requesting an urban lot split must sign an affidavit stating that the property owner intends to occupy one of the dwelling units on one of the resulting lots as the property owner’s principal residence for a minimum of three years after the urban lot split is approved. The owner occupancy requirement shall be enforced at the time of approval of the parcel map in the case of an urban lot split; or in cases involving undeveloped lots, the owner occupancy requirement shall be enforced at the time of a Final Inspection of a building permit on the first structure built on the property.
(14) Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lots created by the urban lot split.
(C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
(f) Specific Adverse Impacts.
(1) Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) “Specific adverse impact” has the same meaning as in Gov. Code §65589.5(d)(2):
“a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
(3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

ORDINANCE NO. 2022-XXX
DEVELOPMENT CODE AMENDMENT 2021-160
EXHIBIT 2
DEVELOPMENT CODE CHAPTER 17.25 RESIDENTIAL ZONES
Development Code Section 17.25.130 currently titled “Temporary Dependent Housing Units” contains outdated legislation. This language in this section will be repealed and replaced with new language pertaining to “Second Units and Two-Unit Projects.”

17.25.130 TEMPORARY DEPENDENT HOUSING UNITS
A. In conformance with California Government Code Section 65852.1, temporary dependent housing units shall be allowed in all residential zones subject to land use approval pursuant to Table 17.25.040.A. The standards contained in this section are intended to ensure that these units are compatible with existing adjacent and neighboring residential uses, and that they are maintained in accordance with the use for which they are approved.

B. For purposes of this section, a “temporary dependent housing (TDH) unit” shall mean a detached or attached dwelling unit intended for the sole occupancy of one or two adult persons who have reached the age of sixty-two (62) years, or are disabled. A TDH unit provides for complete, independent living facilities, inclusive of, but not limited to, provisions for living, sleeping, eating, cooking, access and sanitation, on the same lot as the permitted primary dwelling.

C. Standards for temporary dependent housing units:

1. The area of the floor space of an attached TDH unit shall not exceed thirty (30) percent of the existing living area. The area of a detached TDH shall not exceed 1,200 square feet.

2. A TDH unit shall comply with the minimum design standards contained in Section

17.25.090.A.

3. Approval of a TDH unit shall apply only to the property for which the application was made, and shall apply to that property as long as the unit is maintained and continuously occupied in conformance with the provisions of this section and any other conditions imposed at the time of approval.

4. For the purposes of this section, a TDH unit shall be deemed continuously occupied where the unit is occupied by qualified resident(s) for no less than nine (9) months out of any twelve (12) month period of the year and is the permanent addressed residence of such occupants. At such time as the TDH unit is abandoned, the property owner shall remove or convert the unit in a safe and efficient manner as determined by the City, either to a guesthouse without kitchen facilities or to a usable portion of the primary structure. Under no circumstances may the TDH unit be converted to or used as a rental unit or second dwelling unit on a residential lot, without obtaining the required land use approval.

17.25.130 SECOND UNITS AND TWO-UNIT PROJECTS
(a) Purpose. The purpose of this section is to allow and appropriately regulate second units and two-unit projects in accordance with Government Code section 65852.21. (b) Definition. A “second unit” means the development of a second primary dwelling unit on a legally subdivided lot that is already developed with one primary dwelling unit. A “twounit project” means the development of two primary dwelling units on a lot that was previously undeveloped.
(c) Application.
(1) Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code §402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by §214.15).
(2) A Building Permit application for a second unit or two-unit project must be submitted on the city’s approved form.
(3) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
(1) An application for a second unit or two-unit project shall be acted upon by the Community Development Director or his/her designee, without discretionary review.
(2) The Final Inspection of a building permit for a second unit or two-unit project shall not be granted until confirmation is provided to the City that the required documents have been recorded, such as the deed restriction and any required easements. (3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter. (4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
(e) Requirements. A second unit or two-unit project must satisfy each of the following requirements:
(1) Map Act Compliance. The lot must have been legally subdivided. (2) Zone. The property for which a building permit for a second unit or two-unit project is proposed is located in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is one (1) single-family residential dwelling unit on a lot, specifically the R-L and R-1 zones. Second units and two-unit projects under this section are prohibited in the Multiple Family Residential (R-3), all Commercial, and Village Specific Plan (VSP) zones.
(3) Lot Location.
(A) The lot is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
(iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) Within a 100-year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) Habitat for protected species.
(x) Land under conservation easement.
(B) The purpose of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code §66411.7(a)(3)(C).)
(4) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
(5) No Impact on Protected Housing. The second unit or two-unit project must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a second unit or two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(6) Unit Standards. Where a standard is not listed, the standard provided in Development Code Chapter 17.25 shall apply:
(A) Quantity.
(i) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.
(ii) A lot that is not created by an urban lot split may have a second unit or two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU ordinance. (B) Unit Size.
(i) The total floor area of each dwelling unit that is developed under this section must be:
(I) Equal to or greater than 500 square feet in area, and (II) Less than or equal to 800 square feet in area.
(ii) A dwelling unit that was legally established prior to the second unit and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. The floor area of the original dwelling unit may not be expanded.
(iii) A dwelling unit that was legally established prior to the second unit that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
(C) Height Restrictions. The maximum building height of a primary dwelling unit shall be 22 feet, measured in a manner established in Development Code Section 17.02.030 “Building Height.” Relief from setbacks will be granted before relief from building height.
(D) Demolition Cap. The second unit or two-unit project shall not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unit unless the site has not been occupied by a tenant in the last three years.
(E) Lot Coverage. The maximum lot coverage allowed in the Residential-Low (R-L) zone is thirty (30) percent. The maximum lot coverage allowed in the Single Family Residential (R-1) zone is forty (40) percent. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (F) Open Space. The open space requirements shall be those established in Development Code Table 17.25.050.A. for the Residential-Low (R-L) and Single Family Residential (R-1) zones. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(G) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone as stated in Development Code Section 17.25.050.
(ii) Exceptions. Notwithstanding subpart (e)(6)(G) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(II) Side and Rear Setbacks. The side and rear setbacks imposed by the underlying zone shall be provided, however, these setback regulations must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property line.
(iii) Front and Streetside Setbacks. Where the property is adjacent to a public or private street having a right-of-way width of less than 40 feet, the minimum front setback (and streetside setback where the property contains more than one street frontage) shall be 20 feet.

Where the property is adjacent to a public or private street having a right-of-way width of 40 feet or greater, the minimum front setback (and streetside setback where the property contains more than one street frontage) shall be 15 feet.
(H) Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit service, or
(ic) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less
during the morning and afternoon peak commute
periods.
(ii) The site is located within one block of a car-share vehicle location. (I) Architecture.
(i) If there is an existing, legal primary dwelling on the lot that was established before the two-unit project, any new second unit shall match the existing primary dwelling unit in architectural style, exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (ii) If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are proposed for development on the lot, then the two dwellings shall match each other in architectural style, exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(iii) Exterior siding materials of the dwelling units shall consist of at least two (2) of the following materials; wood (or wood-appearing material) in a horizontal application, wood (or wood-appearing material) in a vertical application, natural or cultured stone, decorative masonry, metal, and stucco. Stucco may not be applied to an area greater than sixty percent (60%) of any wall surface.

Metal siding shall only be used as an accent material and may not be applied to an area greater than 25% of any wall surface. (iv) All exterior lighting shall comply with Development Code Section

17.25.080. E. Lighting.
(v) All residential structures shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the residential structure. Roof materials shall be non-flammable; wood shake shingles are prohibited. Roof pitch shall not be less than 2:12. (vi) The minimum interior dimensions of a covered or enclosed (garage) parking space is 10 feet wide by 20 feet in depth. The minimum uncovered parking space dimension is 9 feet wide by 19 feet in depth.
(vii) Utility hook-ups and an area to accommodate installation of a clothes washer and dryer shall be provided within each dwelling unit.
(viii) Each dwelling unit shall have private (walled or fenced) patio, balcony, or yard area of not less than 200 square feet in area or 25 percent of the dwelling unit size, whichever is less.
(ix) Each dwelling unit shall be provided with a pedestrian access to the public right-of-way in the driveway, by separate stairs, or a separate concrete walkway.
(x) The driveway serving the residential unit, or units in the event of a shared driveway, shall not exceed a grade of fourteen percent (14%). (J) Landscaping. All landscaping shall comply with Development Code Section 17.25.080.C. Open Space and Landscaping and the provisions of the California Model Water Efficient Landscape Ordinance (MWELO) as adopted by the City and revised from time to time.
(K) Nonconforming Conditions. Where a lot is not created by an urban lot split, a second unit or a two-unit project is proposed, the building permit shall only be approved if all nonconforming zoning conditions are corrected.
(L) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (M) Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.
(7) Fire-Hazard Mitigation Measures. In order to be eligible for a second unit or twounit project under the provisions of this section, a lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(A) The lot must have direct access to a paved public or private street having a right-of-way width of at least 40 feet.
(B) The public or private street of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. (C) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (D) All enclosed structures on the site must have fire sprinklers. (E) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
(8) Separate Conveyance.
(A) Primary dwelling units on the lot may not be owned or conveyed separately from each other.
(B) Condominium airspace divisions and common interest developments are not permitted within the lot.
(C) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(9) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on the lot. (B) No Vacation Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.
(C) Owner Occupancy. On a lot that was not created by an urban lot split, the property owner requesting a second unit or n urban lot split must sign an affidavit stating that the property owner intends to occupy one of the dwelling units as the property owner’s principal residence for a minimum of three years after the urban lot split is approved. The owner occupancy requirement shall be enforced at the time of a Final Inspection of a building permit on the first structure built on the property.
(10) Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lot. (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) If the lot is not created by an urban lot split, the deed restriction expressly requires the property owner to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
(E) States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
(f) Specific Adverse Impacts.
(1) Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) “Specific adverse impact” has the same meaning as in Gov. Code §65589.5(d)(2):
“a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
(3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (g) Remedies.

If a second unit or two-unit project violates any part of this code or any other legal requirement:
(1) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
(2) The city may:
(A) Bring an action to enjoin any attempt to sell, lease, or finance the property. (B) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
(F) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.

End
ATTACHMENT 2
CEQA Notice of
Exemption

CEQA NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Planning Department County of San Bernardino City of Big Bear Lake
385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000
San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315
Project Title:

Adoption of an Ordinance to implement Urban Lot Splits and Second Unit and Two-Unit projects in the single family residential zones, as required by SB 9, effective on January 1, 2022.

Project Location - Specific:

City wide
Description of Project: Development Code Amendment 2021-160, an Ordinance to adopt standards to implement the provisions of Senate Bill 9 (SB 9), which amended California Government Codes 66411.7 pertaining to Urban Lot Splits, and Section 65852.21 pertaining to second units and two-unit projects.

Name of Public Agency Approving Project:

City Council, City of Big Bear Lake
Exempt Status: (check one) (State type and section number) XX Statutorily Exempt, Division 13, Section 21000 of the Public Resources Code Reasons why project is exempt:

Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”).

Lead Agency or Contact Person: Area Code/Telephone/Extension Janice Etter (909) 866-5831

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 1.4
RESOLUTION AUTHORIZING 2022 MEMORIAL DAY AND LABOR DAY FIREWORKS DISPLAYS

ACTION TO BE CONSIDERED
City Council will consider a formal resolution authorizing Visit Big Bear to produce fireworks displays on the upcoming Memorial Day and Labor Day holiday weekends. The events and impacts are expected to be similar to the traditional July 4 fireworks display in Big Bear Lake. The proposed resolution specifically exempts the proposed Memorial Day and Labor Day fireworks displays from the City’s major special event permitting process, in the same manner that the July 4 fireworks display is exempt.

RECOMMENDED MOTION(S)
Motion to adopt the Resolution Authorizing 2022 Memorial Day and Labor Day Fireworks Displays.

RESPONSIBLE STAFF Sue O’Strander, Community Development Director Janice Etter, Senior Principal Planner

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, Community Development Director
Janice Etter, Sr. Principal Planner
SUBJECT: Resolution Authorizing 2022 Memorial Day and Labor Day Fireworks Displays

BACKGROUND
In 2021, the City and Visit Big Bear produced a Memorial Day Fireworks Display that was well received by the community. Visit Big Bear’s Board of Directors has approved a Memorial Weekend Fireworks Display for Sunday, May 29, 2022, and a Labor Day Weekend Fireworks Display for Sunday, September 4, 2022. These firework displays will be a kick-off and conclusion of the peak summer tourist season. Visit Big Bear, Rotary Club, the Public Works Department, MWD, and the Sheriff’s Department will work together to produce the fireworks displays.

The Special Event Ordinance (Development Code Section 17.13.030.E.) declares that other cityproduced events, specifically the Independence Day Fireworks Show, Halloween in the Village, and Christmas in the Village, are exempt from permitting requirements and establishes that similar events may be exempted by a City Council resolution due to special circumstances or characteristics of the event. It is requested that the City Council adopt such a resolution for a Memorial Day and Labor Day fireworks display so that planning of these shows can proceed expeditiously.

DISCUSSION
The objectives of the Special Events ordinance and its permitting requirements include to promote and protect the public health, safety, and general welfare during special events; and to protect property owners, business owners, and the general public from undue negative impacts that may be caused by special events.

The City, along with the Rotary Club, Visit Big Bear, the Public Works Department, MWD, and the Sheriff’s Department, have a longstanding history of putting on the annual Independence Day fireworks show. This same team will be planning and producing these shows, which will be of a smaller scale and of shorter duration than the Independence Day show. However, time is of the essence and securing the date with the pyrotechnics company, scheduling of the volunteers, and agency coordination must proceed quickly. Therefore, we request that the City Council adopt the attached resolution exempting the Memorial Day and Labor Day weekend fireworks shows from permitting requirements of the Special Events ordinance, as allowed by Development Code Section 17.13.030.(E.)(6.).

FISCAL IMPACT
The fiscal expenditures of producing Memorial Day and Labor Day weekend fireworks shows include staff time in planning and producing the event, in-kind services by the Public Works Department, and traffic control by the Sheriff’s department.

ENVIRONMENTAL CONSIDERATIONS
This action has been reviewed for conformance with the California Environmental Quality Act (CEQA). It is determined that the adoption of a resolution pertaining to a fireworks show is exempt from the CEQA, pursuant to Section 15304, Class 4, of the State CEQA Guidelines. This class of exemptions applies to minor temporary uses of land having negligible or no permanent effects on the environment, including carnivals and Christmas tree sales. A Notice of Exemption is attached to this report as Attachment 2.

ATTACHMENTS

1. Resolution No. 2022-XX

2. CEQA Notice of Exemption
ATTACHMENT 1
Resolution No.
2022-XX

RESOLUTION NO. 2022-XX
RESOLUTION AUTHORIZING 2022 MEMORIAL DAY AND LABOR

DAY FIREWORKS DISPLAYS
WHEREAS, the City sponsors an annual Independence Day Fireworks Show; and WHEREAS, in 2021 the City and Visit Big Bear successfully produced a Memorial Day Fireworks Show; and
WHEREAS, Visit Big Bear wishes to work with the City to produce two fireworks shows to kick off and conclude the summer tourist season, on the Memorial Day and Labor Day weekends in 2022; and
WHEREAS, the Special Events Ordinance, Development Code Section 17.13.030.(E.)(5.) specifically exempts the city sponsored and produced events of the Independence Day fireworks show, Halloween in the Village, and Christmas in the Village. Furthermore, Section

17.13.030.(E.)(6.) provides for other special events to be exempted from special event permitting requirements by a City Council resolution based on special circumstances or characteristics of the event; and
WHEREAS, City departments, the Sheriff’s Department, along with its partners, the Rotary Club, MWD and Visit Big Bear have a long history of staffing and producing the annual fireworks show.

This same team of people will be planning and producing the Memorial Day and Labor Day weekend fireworks shows. The City and its partners are confident that they can produce a fireworks show that will have no significant impacts upon businesses, citizens or the community; and
WHEREAS, time is of the essence to secure the date with the pyrotechnics company, schedule volunteers, and coordinate with affected agencies.

NOW, THEREFORE, BE IT RESOLVED by the City Council that the Memorial Day and Labor Day weekend fireworks shows are determined to be exempt from Major Special Event permitting requirements as allowed by Development Code Section 17.13.030.(E.)(6.).

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
CEQA Notice of
Exemption

NOTICE OF EXEMPTION
TO: FROM:

Clerk of the Board of Supervisors Planning Division
County of San Bernardino City of Big Bear Lake
385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10,000
San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315
Project Title:

Resolution exempting a Memorial Day and Labor Day holiday fireworks show from Special Event permitting requirements as allowed by Development Code Section 17.13.030.(E.)(6.) Project Location - Specific:

City-wide
Description of Project:

Adoption of a City Council resolution determining that a City-produced Memorial Day and Labor Day fireworks show is exempt from the permitting requirements of the Special Events ordinance (Development Code Chapter 17.13).

Name of Public Agency Approving Project:

City Council, City of Big Bear Lake
Exempt Status:

Categorical Exemption. Section: 15304, Class 4
Reasons why project is exempt:

This class exempts temporary uses of land having no permanent effects on the environment.

Lead Agency or Contact Person: Area Code/Telephone/Extension Janice Etter, Sr. Principal Planner (909) 866-5831 x 123 March 7, 2022
Signature Date

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 1.5

RESOLUTION AUTHORIZING A BID SOLICITATION FOR THE SMORE I PROJECT

ACTION TO BE CONSIDERED
City Council will consider a formal resolution authorizing a bid solicitation for the SMORE I Project. The SMORE I Project is designed to improve bicycle and pedestrian connectivity in the Stanfield Marsh area by constructing new paved paths from the existing parking lots to the boardwalks and from the easterly terminus of the boardwalks toward Division Creek. This is one of several improvement projects in the Stanfield Marsh area that are included in the Five-Year Capital Replacement / Improvement Plan. If the Council authorizes this bid solicitation, staff anticipates a construction contract award in May or June to facilitate construction activity taking place this summer. The project is primarily funded by an Environmental Enhancement and Mitigation Grant, with the local match provided by transient occupancy taxes derived from overnight visitors to Big Bear Lake.

RECOMMENDED MOTION(S)
Motion to adopt the Resolution Authorizing a Bid Solicitation for the SMORE I Project.

RESPONSIBLE STAFF Sean Sullivan, Director of Public Services Israel Gomez, Associate Engineer

ADDITIONAL CITY MANAGER COMMENTS
I am pleased to present this item to Council at this time, and look forward to construction this summer.

The proposed new asphalt bicycle path will augment the existing bicycle path at Stanfield Cutoff, and also begin to develop the proposed future Stanfield Park in this area.

City staff are also working to schedule comprehensive boardwalk replacements for summer 2023, along with a further extension from Division Creek to Division Drive, which would provide a safe and enjoyable new route that is approximately 1 mile long.

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
Israel Gomez, Associate Engineer
SUBJECT: Resolution Authorizing a Bid Solicitation for the SMORE I Project

BACKGROUND
The Stanfield Marsh is located to the northeast of Big Bear Boulevard and Stanfield Cutoff and presently includes a public parking lot, foot paths, and wooden boardwalks to allow for recreation in the area. In September 2021, the City Council authorized staff to execute the necessary documents to transfer these assets from the Municipal Water District (MWD) to the City of Big Bear Lake. The City’s approved Five-Year Capital Improvement Program (CIP) includes funding of approximately $2,250,000 for various improvements in this area over the next several years.

The Stanfield Marsh Outdoor Recreation and Education (SMORE) Trail Part 1 Project includes the establishment of expanded paved trails within the area to improve accessibility to the recreational and educational opportunities in this area. The plan, specifically, will pave a path from the vicinity of Stanfield Cutoff and Big Bear Boulevard to the first, westerly boardwalk. Additional trails will be paved in the area between the two boardwalks and from the terminus of the easterly boardwalk to Division Creek. This project is funded with Environmental Enhancement and Mitigation Grant funds that were awarded by the California Natural Resources Agency in 2017.

This project is known as SMORE Trail Part 1 as there are additional plans to link these trails to Division Drive in the subsequent phasing of this project. The plans and specifications for this project have been prepared and staff is prepared to proceed with a bid solicitation for the construction of this project.

DISCUSSION
The Stanfield Marsh Outdoor Recreation and Education (SMORE) Trail Part 1 Project includes the development of paved pedestrian paths to improve accessibility and linkages within the Stanfield Marsh Area. The Stanfield Marsh includes existing, worn footpaths and wooden boardwalks the originate in the vicinity of Big Bear Boulevard and Stanfield Cutoff and proceed eastward toward Division Creek. The proposed project includes approximately 2,850 linear feet of paved pathway to be 10’ wide, related drainage and water treatment improvements, and the planting of appropriate native vegetation in the area.

The proposed resolution will authorize staff to proceed with the appropriate bid solicitation to identify a contractor to complete the designed improvements. Staff anticipates presenting a construction contract for City Council consideration in May 2022 and that work will take place during the summer construction season.

FISCAL IMPACT
Funding for this project is included in the approved Fiscal Year 2021-22 Capital Improvement Program Budget. Funding is derived from an Environmental Enhancement and Mitigation Grant, from the California Natural Resources Agency, in the amount of $331,000. The City is providing matching funds in the amount of $68,000 from Measure Y proceeds. Measure Y is derived from transient occupancy tax paid by overnight visitors to the City.

ENVIRONMENTAL CONSIDERATIONS
These repairs are categorically exempt from the California Environmental Quality Act (CEQA) under section 15304 as minor alterations of existing land. A Notice of Exemption for this determination was filed in 2017 as part of the preparation and submittal of grant applications for this project.

ATTACHMENTS

1. Resolution No. 2021-XX

2. Location Map
ATTACHMENT 1
Resolution No.
2022-XX

RESOLUTION NO. 2021-XX

RESOLUTION AUTHORIZING A BID SOLICITATION FOR

THE SMORE I PROJECT
WHEREAS, the Stanfield Marsh is located to the northeast of Big Bear Boulevard and Stanfield Cutoff and provides a number of recreational activities through existing foot paths and boardwalks; and
WHEREAS, in September 2021, the City Council authorized staff to proceed with the execution of all necessary documents to acquire these assets from the Municipal Water District; and WHEREAS, the approved Five-Year Capital Improvement Program includes approximately $2,250,00 for various improvements in this area over the next several years; and WHEREAS, the Stanfield Marsh Outdoor Recreation and Education (SMORE) Trail Part 1 project includes the establishment of expanded paved trails within this area to improve access to the recreational and educational activities within this area; and WHEREAS, specifically, the project includes the paving of trails from the parking lot on the west end of the area to the boardwalks, on the empty space between the boardwalks, and from the easterly terminus of the boardwalk to Division Creek; and WHEREAS, future plans and phasing of this project call for the eventual expansion of trails from Division Creek to Division Drive; and
WHEREAS, this project is funded through an Environmental Enhancement and Mitigation Grant from the California Natural Resources Agency in the amount of $331,000 and the local match is provided from Measure Y proceeds in the amount of $68,000 for a total project budget of $399,000; and
WHEREAS, staff has completed the preparation of all project plans and bid documents and is ready to proceed with a bid solicitation for the construction of these improvements.

NOW, THEREFORE, BE IT RESOLVED by the City Council that:

1. Staff is authorized to proceed with the bid solicitation for the Stanfield Marsh Outdoor Recreation and Education (SMORE) I Project.

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
Location Map
CITY OF BIG BEAR LAKE BIG BEAR LAKE, CA 39707 BIG BEAR BLVD. P.O. BOX 10,000 BIG BEAR LAKE, CA 92315 REVISIONS NO. SMORE I SITE PLAN DATE BY CHK'D DESCRIPTION DATE: JOB NO: DRAWN: DESIGN: CHECKED: SCALE:

OF
SHEET: S-1 1 1
XX.XXX
IGR --
NTS
ASPHALT TRAIL 1900'
ASPHALT TRAIL 450'
ASPHALT TRAIL 500'

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 1.6

RESOLUTIONS AUTHORIZING CONSTRUCTION CONTRACTS FOR ROTARY PARK IMPROVEMENTS

ACTION TO BE CONSIDERED
City Council will consider two formal resolutions authorizing two construction contracts for planned improvements at Rotary Park. At the November 1, 2021, meeting, the City Council reviewed options for benches, trash receptacles, and light fixtures, and authorized the purchase of these materials at that meeting. The attached resolutions presented on March 7 authorize a construction contract with 3P Construction, Inc., Menifee, CA, in the amount of $66,375 for the installation of lighting improvements at Rotary Park, and also authorize a contract with Harris Steel Fence Company, Los Angeles, CA, in the amount of $52,770 for the purchase and installation of new fencing. City staff will install new benches and trash receptacles. Sufficient funds are available in the FY 2021-22 City budget for these improvements. If approved by Council, these improvements will be installed in Spring 2022.

RECOMMENDED MOTION(S)
Motion to adopt the Resolutions Authorizing Construction Contracts for Rotary Park Improvements.

RESPONSIBLE STAFF Sean Sullivan, Director of Public Services Jared Cheek, Public Works Operations Manager
Jacky Chan, Associate Engineer

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
Jared Cheek, Public Works Operations Manager
Jacky Chan, Associate Civil Engineer
SUBJECT: Resolutions Authorizing Construction Contracts for Rotary Park Improvements

BACKGROUND
Rotary Park is located on the north side of Big Bear Boulevard, between Pine Knot Avenue and Bartlett Road. The park is approximately 0.75 acres in size and includes playground facilities, a public restroom, and a variety of benches, picnic tables, and other amenities. The approved Fiscal Year 2021-22 Capital Improvement Program budget includes proposed improvements to several amenities for Rotary Park including the replacement of furnishings, the reconstruction of a perimeter fence on the site, and the addition of park lighting.

In November 2021, the City Council received a presentation on the proposed Rotary Park Improvements and approved three (3) Resolutions to take the next steps associated with this project. The approved resolutions selected and authorized the procurement of certain park amenities, including benches, picnic tables, trash receptacles, and light fixtures, and authorized the solicitation of construction bids for the construction of the lighting improvements and a new perimeter fence. At this time, all of the furnishings and fixtures are scheduled for delivery in April 2022 and staff has conducted the bid solicitations for the construction of the lighting improvements and the new fencing and is seeking an award of contract for these services. These remaining approvals associated with the Rotary Park Improvements will allow the work to get underway in April 2022 and staff anticipates that the park improvements will be completed by the end of June 2022.

DISCUSSION
The approved Fiscal Year 2021-22 Capital Improvement Program includes several initiatives for improvements to Rotary Park. The efforts are focused on replacing park furnishings, reconstructing the existing site fencing, and installing park lighting. In November 2021, the City Council selected and approved the purchase of the park furnishings, amenities, and light fixtures and authorized bid solicitations for the required construction efforts. Staff is seeking approval of the construction contracts for these services to allow the work to begin in April 2022.

Furnishings
In November 2021, the City Council approved a purchase order with Belson Outdoors for twenty- five (25) benches, four (4) picnic tables, two of which are ADA accessible, and twelve (12) trash receptacles. The identified furnishings will replace the existing, which are worn out and past their useful life. The installation of these items will be completed by Public Works staff.

Staff is also working with representatives of the Rotary Club to prepare a plaque, to be placed in the park, that will memorialize the names of the previous park donors that are currently engraved on the existing fixtures that are to be replaced.

Lighting
As a part of the selection of the fixtures and furnishings for the park, the City Council considered several options for light fixtures as the CIP calls for the addition of lighting to the park. The City Council ultimately selected fixtures to match those currently in use within the Village area, which are a custom fixture. Those lights have been ordered, produced, and are in transit to the City. The City Council also authorized staff to proceed with a bid solicitation for the construction of the lighting improvements, utilizing the selected fixtures.

Staff proceeded with the bid solicitation in accordance with the City’s purchasing guidelines. The project was properly advertised and a pre-bid meeting was held. On Thursday, February 17, the City Clerk received, publicly opened and read aloud six (6) sealed bids with the following results:

Bidder Location Base Bid Amount
3P Construction, Inc. Menifee, CA $ 66,375
S. Porter, Inc. Big Bear Lake, CA $ 84,146
Baran Electric Laguna Niguel, CA $ 94,560
Bear Valley Paving Big Bear Lake, CA $114,000
M. Brey Electric, Inc. Beaumont, CA $131,500
Spark Power Corp Ontario, CA $134,568
Staff has reviewed the received bids and completed their due diligence in determining the lowest, responsive and responsible bidder. 3P Construction, Inc. includes within their bid documents that they are a start up company and do not have any relevant experience as a company. Their principal, however, has extensive experience in projects of this nature and is venturing to start his own company and will be the primary, onsite contact for the duration of the project. Staff also contacted trade references to learn more about the contractor. From all the information gleaned, staff believes that 3P Construction, Inc. is responsible and suited to complete this project as specified.

Staff did receive a bid protest letter from S. Porter, Inc. on February 22, 2022, protesting the bid of 3P Construction, Inc. as being nonresponsive. The protest letter sites a lack of notary acknowledgement and a lack of corporate seals being placed within the documents. Staff reviewed the protest letter and consulted with the City Attorney and found the protest to be without merit and it was subsequently rejected.

Fence
The City Council, on November 1, 2021, also authorized staff to conduct a bid solicitation for the construction of a new perimeter fence for this park location. Staff prepared bid documents and specifications for approximately 530 linear feet of fencing. Within these bid documents, staff specified a precast concrete fencing material, in lieu of the typically used wooden rail. At the November 1 Council Meeting, a question was asked of the fencing material and the durability of it and the maintenance requirements. Staff shares similar concerns associated with the maintenance needs of a wooden rail and believes that the precast concrete is a suitable alternative in that it has a fitting and appropriate appearance for the environment, it is durable and low maintenance, and the cost of the material is relatively in line with the cost of traditional fencing, especially considering the recently increased cost of lumber.

Bidder Location Base Bid Amount
Harris Steel Fence Co. Los Angeles, CA $ 52,770
Garza Construction, Inc. Glendora, CA $ 56,360
S. Porter, Inc. Big Bear Lake, CA $ 59,400
Red Hawk Services, Inc. Perris, CA $ 63,542
Quality Fence Co. Paramount, CA $ 67,780
Corner Keystone Construction Corp. Walnut, CA $ 81,450
Kormex Construction Ontario, CA $ 98,000
M. Brey Electric, Inc. Beaumont, CA $122,000
J and A Fence Azusa, CA $218,433
Staff has reviewed the bids received for completeness and responsiveness and has investigated the background and experience of the apparent low bidder. Staff believes that Harris Steel Fence Co. is the lowest responsive bidder and is qualified and capable of completing the project appropriately.

Upon City Council approval, staff will prepare and execute all necessary contract documents and coordinate the work effort to take place. The preliminary schedule calls for work to commence in April 2022 and be completed by the end of June 2022. To accommodate the construction activity, the park may be closed intermittently or entirely during this period to ensure a safe and efficient workspace for the contractors. Any modifications to park access and operations during this period will be communicated to the community.

FISCAL IMPACT
Funding for these improvements is included within the approved Fiscal Year 2021-22 Capital Improvement Program budget.

ENVIRONMENTAL CONSIDERATIONS
At the time of approval of the bid solicitation, the City Council found that these improvements are categorically exempt from the California Environmental Quality Act (CEQA) under section 15301.C as minor alterations to existing facilities.

ATTACHMENTS

1. Resolution No. 2022-XX

2. Resolution No. 2022-XX

3. Bid Protest from S. Porter, Inc. and City Response
ATTACHMENT 1
Resolution No.
2022-XX
Fencing Project
RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING A CONSTRUCTION CONTRACT

FOR THE ROTARY PARK FENCING PROJECT
WHEREAS, Rotary Park is located along Big Bear Boulevard, between Pine Knot Avenue and Bartlett Road, and the 0.75-acre park has a playground, a public restroom, and several benches, picnic tables, and other amenities; and
WHEREAS, the approved Fiscal Year 2021-22 budget includes several improvements for Rotary Park, including the replacement of the existing amenities, the installation of new lighting, and the construction of a new perimeter fence; and
WHEREAS, staff prepared plans and specifications to conduct a bid solicitation for the Rotary Park Fencing Project, which includes approximately 530 linear feet of precast concrete fencing; and
WHEREAS, on Thursday, February 17, 2022, the City Clerk received, opened, and read publicly nine (9) sealed bids with the lowest bid being that of Harris Steel Fence, Co. (Los Angeles, CA), in the amount of $52,770; and
WHEREAS, staff has reviewed the submitted bid documents and researched the background and experience of the contractor and has found their bid to be responsive and responsible; and WHEREAS, based upon this process, staff is recommending award of a contract to Harris Steel Fence, Co. (Los Angeles, CA) in the amount of $52,770.

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

1. That the City Manager is authorized to execute a construction contract with Harris Steel Fence, Co. for the Rotary Park Fencing Project in the amount of $52,770.

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Erica Stephenson, City Clerk
ATTACHMENT 2
Resolution No.
2022-XX
Lighting Project
RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING A CONSTRUCTION CONTRACT

FOR THE ROTARY PARK LIGHTING PROJECT
WHEREAS, Rotary Park is located along Big Bear Boulevard, between Pine Knot Avenue and Bartlett Road, and the 0.75-acre park has a playground, a public restroom, and a number of benches, picnic tables, and other amenities; and
WHEREAS, the approved Fiscal Year 2021-22 budget includes several improvements for Rotary Park, including the replacement of the existing amenities, the installation of new lighting, and the construction of a new perimeter fence; and
WHEREAS, staff prepared plans and specifications to conduct a bid solicitation for the Rotary Park Lighting Project, which includes the construction of approximately 650’ linear feet of electrical conduit and twelve (12) concrete footings, and the installation of the selected lighting fixtures to those footings; and
WHEREAS, on Thursday, February 17, 2022, the City Clerk received, opened, and read publicly six (6) sealed bids with the lowest bid being that of 3P Construction, Inc. (Menifee, CA), in the amount of $66,375; and
WHEREAS, the bid documents indicate that 3P Construction, Inc. is a startup firm with no documented public works experience as a company but that the principal and other personnel have extensive experience in these fields; and
WHEREAS, staff contacted trade references, including subcontractors and previous employers, and believes that despite the lack of documented experience, 3P Construction is a responsible bidder and is capable of successfully completing this project; and WHEREAS, staff also received a bid protest letter from S. Porter, Inc. protesting the bid of 3P Construction on the grounds of its responsiveness due to a lack of notarization and the lack of corporate seals being affixed to the documents; and
WHEREAS, staff reviewed the protest letter with the City Attorney and it was determined that the protest was without merit as the cited issues were immaterial deviations and the protest was rejected; and
WHEREAS, staff is recommending that a contract be awarded to 3P Construction, Inc. (Menifee, CA) for the Rotary Park Lighting Project in the amount of $66,375.

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

1. That the City Manager is authorized to execute a construction contract with 3P Construction, Inc. for the Rotary Park Lighting Project in the amount of $66,375.

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Erica Stephenson, City Clerk
ATTACHMENT 3
Bid Protest from
S. Porter, Inc. and
City Response

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 1.7

RESOLUTION AUTHORIZING THE SOLICITATION OF PROPOSALS FROM ENGINEERING FIRMS TO PREPARE THE CITY’S LOCAL ROADWAY SAFETY PLAN

ACTION TO BE CONSIDERED
City Council will consider a formal resolution authorizing staff to solicit proposals from qualified engineering firms to prepare the City’ Local Roadway Safety Plan. A Local Roadway Safety Plan is a document that is prepared by local agencies to analyze and prioritize safety improvements on local roads.

The City’s Local Roadway Safety Plan would then become a part of the State’s Strategic Highway Safety Plan, which satisfies certain requirements associated with federal funding. An adopted Local Roadway Safety Plan will become a requirement for future highway improvement and safety grants that are administered by the State, and the plan will aid in preparing future applications. The City has been awarded a $40,000 grant to develop this plan, and will provide a $10,000 local match. If approved by Council, City staff will solicit proposals in March, and expects to present a contract recommendation to Council in May.

RECOMMENDED MOTION(S)
Motion to adopt the Resolutions Authorizing the Solicitation of Proposals from Engineering Firms to Prepare the City’s Local Roadway Safety Plan.

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 Authorizing the Solicitation of Proposals from Engineering Firms to Prepare the City’s Local Roadway Safety Plan

BACKGROUND
In early 2021, the City was awarded grant funds from the State of California Department of Transportation (Caltrans) to prepare a Local Rodway Safety Plan (LRSP). An LRSP is a document that will systematically identify and analyze roadway safety problems and recommend the appropriate counter measures to address these concerns throughout the City. This local safety plan would become a part of the State’s Strategic Highway Safety Plan which satisfies requirements associated with Federal highway and road funding. The City’s LRSP will provide a framework for addressing roadway safety concerns and will also be a prerequisite requirement for future applications for State grant funding, including the Highway Safety Improvement, amongst others.

The City received grant funding in the amount of $40,000, contingent upon the City providing for a $10,000 match. A requirement of the funding, as administered by Caltrans, is the preparation and solicitation of a request for proposals for these services. The RFP process must conform to the City’s purchasing guidelines as well as Caltrans requirements as specified in the Local Assistance Procedures Manual.

DISCUSSION
Staff is prepared to proceed with a request for proposals to identify a consultant to prepare the City’s Local Roadway Safety Plan (LRSP). The LRSP is funded through a grant from Caltrans and will support general roadway safety improvements. The scope of work for the preparation of the LRSP includes reviewing existing plans and data associated with the roadway network and conducting field research and data analysis to identify areas of traffic safety concerns. Much of this effort will be based upon collision data available from the Statewide Integrated Traffic Records System (SWITRS) which maintains records of all reported traffic collisions. The plan will identify critical locations, based on this evidence and other data, and develop several counter measures to address the traffic safety concerns across the community.

The RFP and contract award will be conducted in accordance with Caltrans standards and the City’s procurement guidelines. The process will be widely advertised and the selection of the consultant shall be on a qualifications basis. Upon approval of the City Council, staff will proceed with the distribution of the RFP and would anticipate the City Council considering a contract award in June 2021. It is anticipated that the plan will be developed and approved in approximately 4-6 months.

FISCAL IMPACT
Funding for this project is provided through a grant from the State of California Department of Transportation in the amount of $40,000. The City is required to provide matching funds of $10,000 and that funding is available within the Engineering Division Budget.

ENVIRONMENTAL CONSIDERATIONS
The project is not subject to environmental review pursuant to the California Environmental Quality Act.

ATTACHMENT

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

RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING THE SOLICITATION

OF PROPOSALS FROM ENGINEERING FIRMS TO PREPARE
THE CITY’S LOCAL ROADWAY SAFETY PLAN
WHEREAS, a Local Roadway Safety Plan (LRSP) is a document that will systematically identify and analyze traffic safety problems throughout and recommend the appropriate counter measures to address these concerns; and
WHEREAS, a LRSP will become part of the State’s Strategic Highway Safety Plan and be a prerequisite requirement for certain State grant funding applications; and WHEREAS, the City was awarded grant funds in the amount of the $40,000 from the State of California Department of Transportation (Caltrans) for the preparation of the City’s LRSP; and WHEREAS, the funding requires the City to conduct a request for proposals process to identify a consultant, on a qualifications basis, to develop the plan for approval; and WHEREAS, the LRSP will include a review of existing plans and data associated with the City’s roadways and a comprehensive review of the Statewide Integrated Traffic Records System, to identify critical locations within the City and identify the appropriate counter measures to address the identified concerns; and
WHEREAS, staff is prepared to conduct a request for proposals, in accordance with the Caltrans’ requirements and the City’s procurement guidelines, and anticipates that an agreement will be presented for the City Council’s consideration in June 2021.

NOW, THEREFORE, BE IT RESOLVED by the City Council that:

1. Staff is authorized to proceed with the request for proposal process for this project.

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

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 1.8

RESOLUTION AUTHORIZING A JOINT DEFENSE, COMMON INTEREST, AND CONFIDENTIALITY AGREEMENT RELATED TO THE MS4 PERMIT

ACTION TO BE CONSIDERED
City Council will consider a formal resolution authorizing the execution of a Joint Defense, Common Interest and Confidentiality agreement between San Bernardino County, the San Bernardino County Flood Control District, and fifteen (15) cities within the County for mutual legal counsel services associated with the pending release of an updated municipal separate storm sewer system (MS4) permit for San Bernardino County. MS4 permits are highly complex regulatory documents that provide guidance, direction, and regulations associated with the operation of the storm drainage system to mitigate the inflow of pollutants into stormwater that are administered by the local branch of the State Regional Water Quality Control Board. The MS4 permit for San Bernardino County covers the entire County, including the unincorporated area, the Flood Control District, and fifteen (15) incorporated cities and given the impacts across the board, the County has retained Meyers Nave, a regulatory law firm, to provide joint legal counsel related to the MS4 permit to all participating agencies. This agreement will provide the City the opportunity to garner support and feedback related to the MS4 permit, will have this law firm negotiating terms of the proposed permit with the Board, and provide additional technical support. This agreement does not replace the need for the City to maintain their own legal representation, including for matters related to the MS4, but does provide additional resources to support the City. The cost of these services is distributed among all participants in the San Bernardino County MS4 permit, and is already included in the City’s annual contribution of $11,107. This agreement has been vetted by the City Attorney and is presented for the City Council’s consideration.

RECOMMENDED MOTION(S)
Motion to adopt the Resolution Authorizing a Joint Defense, Common Interest, and Confidentiality Agreement Related to the MS4 Permit.

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 Authorizing a Joint Defense, Common Interest, and Confidentiality Agreement Related to the MS4 Permit

BACKGROUND
The Clean Water Act, was enacted in 1948 to control pollution of waterways within the United States, making it unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. Pursuant to the Clean Water Act, most municipalities across the country are subject to a Municipal Separate Storm Sewer System (MS4) Permit, which regulates how the municipality shall manage, treat, and mitigate their stormwater runoff through their storm drain system. The City of Big Bear Lake is party to an MS4 permit that applies to San Bernardino County Flood Control District and fifteen other San Bernardino County cities. The current permit expired in 2015 but was extended by the Regional Water Quality Control Board while a new permit was developed. As of late 2021, an administrative draft for the anticipated new permit has been developed and released for comment. These permits are highly complex, regulatory documents that could ultimately prove to be complicated and expensive on behalf of the local agency.

Given that these municipalities are all subject to the same permit, a lot of the compliance work is done through collaborative efforts, with San Bernardino County, as the principal permittee, leading the group. These efforts typically involve technical studies and support, monitoring and other activities, and coordinated legal support. San Bernardino County has proposed that all permittees execute a Joint Defense, Common Interest, and Confidentiality Agreement related to the MS4 Permit. The County has retained legal counsel to act on the stormwater group’s behalf to conduct a comprehensive review and comments on the draft permit and the execution of this agreement will provide the City with the benefits of the provided legal support on this matter.

DISCUSSION
The Santa Ana Regional Water Quality Control Board has prepared and released a “staff working proposal” for a Regional Phase I MS4 Permit. The City will be subject to the regulatory conditions put forth in the new regional permit which will have new or expanded requirements that will have a negative operational and financial impact to the City. Staff is working with our technical consultants and City Attorney’s office to conduct review and assessment of the impacts associated with the updated MS4 permit.

In addition to the individual review and assessment that the City is doing, with our resources, San Bernardino County is working on a coordinated review and assessment on behalf of all permittees.

The County has retained the law firm of Meyers Nave to conduct a thorough review of the permit on behalf of the County and also to directly negotiate the terms of the permit with the Regional Water Quality Control Board. Given that the County has retained legal counsel for joint benefit, they have prepared a Joint Defense, Common Interest, and Confidentiality Agreement for all cities to execute. This agreement will specify the responsibilities of each agency and the benefits of this coordinated effort. Ultimately, this agreement will provide the City access to the specified legal support and representation on this matter and provide for the exchange of privileged information.

This agreement should be regarded as supplemental to rather than a replacement of our existing legal representation on these matters. The agreement has been reviewed by the City Attorney’s office and they have no objections to its execution.

FISCAL IMPACT
There is no fiscal impact associated with the execution of the Joint Defense, Common Interest, and Confidentiality Agreement. Annually the City participates in a cost share associated with the implementation of the San Bernardino County Areawide Stormwater Program. The cost share is determined by the size of the agency, both physical space and population, and as such, the City is responsible for 0.99% or $11,107 of the budget annually. Any updated expenses to this agreement or general cost share will be included within the proposed Fiscal Year 2022-23 budget.

ENVIRONMENTAL CONSIDERATIONS
The agreement is not subject to the environmental review pursuant to the California Environmental Quality Act.

ATTACHMENTS

1. Resolution No. 2022-XX

2. Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees ATTACHMENT 1
Resolution No.
2022-XX

RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING A JOINT DEFENSE, COMMON INTEREST, AND CONFIDENTIALITY AGREEMENT RELATED TO THE MS4 PERMIT
WHEREAS, the Clean Water Act (1948) created the groundwork for the Municipal Separate Storm Sewer System permitting program, which is applicable to most municipalities across the Country, and regulates the management of stormwater systems; and WHEREAS, the City of Big Bear Lake, along with the San Bernardino County Flood Control District (SBCFCD) as the Principal Permittee, and fifteen other cities are co-permittees for the San Bernardino County Municipal Separate Storm Sewer System (MS4) Permit; and WHEREAS, the most recent MS4 permit expired in 2015 but was extended by the Santa Ana Regional Water Quality Control Board while a new, updated permit was prepared; and WHEREAS, a “staff working proposal” of the proposed, updated permit was released for review and comment in late 2021; and
WHEREAS, whereby the City, County, and other participating agencies generally work in a collective effort on matters associated with the MS4 permit and San Bernardino County has retained a law firm, Meyers Nave, to review and comment on the permit and negotiate the terms of the permit directly with the Regional Water Quality Control Board; and WHEREAS, it is in the best interest of the City to execute the agreement to allow the City to have additional legal representation and support to assist with these complex regulatory matters; and WHEREAS, the costs associated with this agreement are a part of the existing cost share agreement for MS4 activities throughout the County in which the City is responsible for approximate 0.99% or about $11,107 of the cost share annually.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that:
1) The City Manager is authorized to execute a Joint Defense, Common Interest, and Confidentiality Agreement with San Bernardino County, the San Bernardino County Flood Control District, and the cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa for MS4 Permit activities.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ATTACHMENT 2
Common Interest,
Joint Defense, and
Confidentiality
Agreement
Among Permittees
1 COMMON INTEREST, JOINT DEFENSE, AND

CONFIDENTIALITY AGREEMENT AMONG PERMITTEES
This Common Interest, Joint Defense, and Confidentiality Agreement (“Agreement”) effective on January 1, 2022 is entered into by and among San Bernardino County (“County”), the San Bernardino County Flood Control District (“District”), and the cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa (“Cities”) (collectively the “Parties” or individually a “Party”).

RECITALS
A. The County, District, and Cities own and/or operate storm water and urban runoff conveyance systems, including flood control facilities, commonly referred to as municipal separate storm sewer systems or storm drains, through which storm water and urban runoff are discharged into waters of the United States that are located within the Santa Ana Region.

B. The District, as Permittee, and the Cities, as Co-Permittees (jointly “Permittees”), are subject to a National Pollutant Discharge Elimination System (“NPDES”) Permit and Waste Discharge Requirements, Order No. R8-2010-0036, NPDES No. CAS618036 (“Permit”).

C. The Santa Ana Regional Water Quality Control Board (“Regional Board”) issued the Permit on January 29, 2010 for a five-year term. The Permit designates the District as “Principal Permittee” under the Permit, and the District administers and coordinates many of the permit requirements on behalf of all the Permittees.

D. On June 28, 2011, the Parties entered into an Implementation Agreement to establish an integrated storm water management program (“Program”) that included development of a Management Committee to coordinate compliance, including establishing budgets, to set forth the duties of the Parties, to provide reimbursement to the District for administrative responsibilities, and to share costs to implement the Program. The Implementation Agreement, attached hereto as Exhibit A, sets forth the percentage of costs that each Party agreed to contribute to implement the Program. The term of the Implementation Agreement coincides with the term of the Permit and expires six months after the Final Permit, as defined below, is approved.

E. To renew the Permit, the Permittees submitted a Report of Waste Discharge for renewal on August 1, 2014.

F. Though the Regional Board has not yet issued a renewal of the Permit, the Permittees continue to implement and comply with the Permit.

G. The Parties believe that the Regional Board may be circulating a draft version of the new permit (“Draft Permit”) in approximately January 2022.

H. Each of the Parties has a shared common interest in proceedings related to the Draft Permit, including negotiating the terms of the Draft Permit with the Regional Board, participating in the administrative hearing to adopt the Draft Permit as the final permit (“Final Permit”), seeking administrative or judicial review of any terms in the Final Permit that warrant reconsideration, defending any adverse future claims or actions related to the Final Permit, and addressing any and all types of legal challenges to the Draft or Final Permit (jointly “Permit Proceedings”). Each of the 2 Parties intends to appear in administrative hearings as well as any potential future actions related to the Draft or Final Permit to represent the common interests of the Parties as well as each Party’s own separate interests, some of which may be unique. Such representation of separate or unique interests is not inconsistent with the common interests of the Parties.

I. Nothing in this Agreement is meant or should be construed to affect a Party’s legal obligation to exercise its independent judgment as required by law concerning the Permit Proceedings.

J. Without admitting any individual or shared liability, and expressly denying same, the Parties here assert that it will best serve their common interests to coordinate their efforts and share certain privileged and confidential information, in order to respond effectively to and negotiate with the Regional Board as well as to address and/or defend claims during the Permit Proceedings by the Regional Board or any parties that become adverse parties. Such coordination of effort and sharing of information is not intended to waive and shall not waive any privilege or protection otherwise applicable.

K. By this Agreement, the Parties seek to establish a common interest group with respect to the Permit Proceedings, preserving to the fullest extent possible all applicable legal and evidentiary privileges, including the protections of the attorney-client privilege, the work product doctrine, the joint defense/common interest privilege, and the deliberative process and official information privileges.

L. The Parties and their respective legal counsel are referred to herein as “the Common Interest Group.”
M. The Parties intend for this Agreement to allow for the inclusion of additional members of the Common Interest Group with the consent of all Parties.

N. The Parties intend for the scope of this Agreement to include any later-filed related actions that raise or implicate similar interests of the Parties without the necessity of amending this Agreement.

TERMS AND CONDITIONS
Therefore, in consideration of the mutual promises contained and incorporated in the above Recitals in this Agreement, the Parties agree as follows:

1. Purpose. It is the purpose of this Agreement to memorialize the Parties’ intentions concerning the exchange of information during the Permit Proceedings, and to support a joint defense and/or common interest based upon the assertion by the Parties, or any Party, of the attorney-client privilege, work product doctrine, deliberative process and official information privileges, and any other privileges and protections that may apply to any Joint Defense Communications (as defined in Paragraph 3 below) that may be shared among members of the Common Interest Group. This Agreement addresses the flow, handling, security, and disclosure of documents, data, and oral and written information that are not produced pursuant to formal or informal discovery requests, and that may be exchanged by members of the Common Interest Group. It is the intention of the Parties that the exchange of Joint Defense Communications among the members of the Common Interest Group will not constitute a waiver of any privilege or protection, including without limitation the attorney-client privilege, the attorney work product 3 doctrine, and the deliberative process and official information privileges. The Parties agree that any consultation between the Parties or among their counsel, and any exchange of work product or other Joint Defense Communications are in reliance on the Parties’ common interests, as described herein, and their intent to share information and cooperate in joint defense efforts without waiving any privilege or protection. In this regard, the Parties have agreed to provide reasonable cooperation in the execution of their respective duties under this Agreement. However, no obligation to share any documents, data or information is created by this Agreement.

2. Lawsuits. To the extent related to the Permit Proceedings, the Parties expressly state their intention to include in this Agreement any lawsuits related to adverse claims (other than a lawsuit by one Party or Parties against another Party or Parties), that have been or may be filed by or against any Party at any time during the pendency of this Agreement without the necessity of amending this Agreement.

3. Joint Defense Communications.
a. “Joint Defense Communication” means any documents, data, or information (including correspondence, reports, studies, memoranda of law and/or fact, factual material and summaries, mental impressions, transcripts, digests, and any other written material or oral information of any kind whatsoever) that relate to matters addressed by this Agreement that any Party receives from any other Party or its officers, partners, employees, agents, consultants, attorneys, representatives, or experts that would otherwise be protected from disclosure to third parties pursuant to applicable legal and evidentiary privileges, including the attorney-client privilege, work product doctrine, and/or the deliberative process and official information privileges. The Parties intend that all Joint Defense Communications shall remain privileged or protected when communicated to any other Party or its elected officials, officers, partners, employees, agents, consultants, attorneys, representatives, or experts in accordance with the common purpose concepts in California Evidence Code § 912(d) and articulated in California Oak Foundation v. County of Tehama (2009) 174 Cal.App.4th 1217, Raytheon Co. v. Superior Court (1989) 208 Cal.App.3d 683, and Continental Oil Co. v. United States (9th Cir. 1964) 330 F.2d 347, and their progeny. Each of the Parties and counsel agree that all Joint Defense Communications they receive from any Party or its representative shall be treated and maintained by the receiving Party as privileged and confidential, and not disclosed to third parties, except as provided in this Agreement. b. Joint Defense Communications may be disclosed or transferred between any or all of the Parties orally or in writing and by any other appropriate means of communication. The Parties agree that all Joint Defense Communications shared pursuant to this Agreement shall be held in strict confidence by the Parties and by all persons to whom the Joint Defense Communications are disclosed and shall not be disseminated outside the Common Interest Group. All Joint Defense Communications received from Parties pursuant to this Agreement are subject to the joint defense and common interest privileges or protections and must be held in strict confidence by the receiving party and its counsel. The receiving party may disclose Joint Defense Communications only to its counsel, authorized representatives, and those of its board members, councilmembers, supervisors, directors, officers, employees, agents, independent contractors, consultants and retained experts who have a need to know. Each Party agrees that its independent contractors will agree to keep all Joint Defense Communications confidential in accordance with the terms of this Agreement before any Joint Defense Communications is provided to them. If a Party intends to disclose a Joint Defense 4 Communication only to certain members of the Common Interest Group, the disclosing Party shall specify the members who are entitled to review or receive that information or document. All Parties agree that they will not share or disclose such Joint Defense Communications to any Party or person who is not designated by the disclosing Party.
c. A Joint Defense Communication that is exchanged in written or document form and that is intended to be confidential shall be marked “Confidential: Privileged Communication” or with a similar heading indicating confidentiality. To the extent possible, the header or footer should further list all other privileges and protections that may be applicable to the particular Joint Defense Communication, including the attorney-client privilege, work product doctrine, and/or the deliberative process and official information privileges. However, failure to mark or identify a Joint Defense Communication as “Confidential: Privileged Communication” or a similar heading shall not constitute a waiver of any applicable legal or evidentiary privilege or protection that may apply.
d. Waiver of the joint defense and common interest privileges or protections are effective only when all Parties unanimously agree to the waiver. Any Party (the “Disclosing Party”) may, without permission from the other Parties, use, for the Disclosing Party’s own purposes, any information that the Disclosing Party disclosed to and shared pursuant to this Agreement. e. Any Party who receives Joint Defense Communications shall not disclose such Joint Defense Communications or the information imparted thereby to any other third party without the express prior written consent of the other Parties. Any unauthorized disclosure of any Joint Defense Communication to any third party shall not constitute a waiver of any applicable privilege or protection. However, no provision in this Agreement shall be construed to limit the right of any Party to disclose any documents or information that such Party obtained through means other than a Joint Defense Communication.
f. Although documents and information that are not otherwise privileged will not gain the protection of any privilege by virtue of being a part of a Joint Defense Communication, each Party shall treat the information as privileged and confidential and shall not disclose to third parties the fact that any particular document or information was shared through a Joint Defense Communication.

4. Permitted Use of Joint Defense Communications. All of the Parties acknowledge and agree that cooperation in the shared purposes and objectives necessarily involves the communication and sharing of confidential information and further agree that their interests are not currently adverse with regard to the subject of this Agreement. They further agree that all Joint Defense Communications received from any other Party shall be used exclusively in connection with the Permit Proceedings. Joint Defense Communications shall not be used or be admissible in any phase of any pre-litigation or litigation involving cross-claims or claims for contribution or indemnity between or among any of the Parties if such claims arise from or relate to adverse claims.

5. Permitted Disclosures. In the event that any Party receives a third-party request or demand for Joint Defense Communications received pursuant to this Agreement, by California Public Records Act (“CPRA”) request, subpoena, request for production or otherwise, the Party receiving such request or demand shall, prior to making such disclosure: (a) notify the Parties 5 pursuant to the notice provision herein; and (b) assert and exercise diligence in supporting the joint defense and/or common interest doctrines and preserve any and all potentially applicable privileges or other protections from disclosure of the Joint Defense Communications, unless such privileges and protections have been knowingly waived by the Parties or Party who provided the Joint Defense Communications. Each Party shall take reasonable steps necessary to permit the assertion of all applicable rights and privileges with respect to any Joint Defense Communication and shall cooperate fully with all other Parties in any judicial proceeding relating to the disclosure of any Joint Defense Communications. However, the Parties understand and acknowledge that all Parties can still comply with their legal obligations under the CPRA and other document production statutes, if any, without breaching this Agreement, and no Party is required to seek a protective order or otherwise incur legal expense in efforts to oppose such a disclosure of a Joint Defense Communication.

6. Injunction to Prevent Improper Disclosure. The Parties agree that the unauthorized or improper disclosure of Joint Defense Communications to third parties not covered by this Agreement will result in irreparable harm to the Parties. In the event a Party or former Party believes that another Party or former Party is preparing to disclose Joint Defense Communications to third parties not covered by this Agreement, the Party or former Party objecting to such disclosure may seek an injunction to prevent the disclosure of such Joint Defense Communications. Each Party represents and warrants that it will not, in the future, assert that such an injunction is not necessary on the grounds that there is an adequate remedy at law.

7. Joint Consultants or Experts. The Parties agree that if a consultant or expert is jointly hired by the Common Interest Group, or retained by an individual Party for a matter on which a common interest exists with respect to the Permit Proceedings, that consultant or expert is covered by the joint defense and/or common interest doctrines and that privileges or protections applicable to the consultant or expert’s work product or to any Party’s communications with the consultant or expert shall not be waived by sharing such work product or communications with other Parties to this Agreement. The Parties agree not to seek disqualification of consultants or experts engaged by any other Party or Parties in connection with any future action based solely on the exchange of information pursuant to this Agreement.

8. Good Faith. Each Party agrees to exercise good faith and diligence to implement this Agreement and to maintain the confidentiality of discussions and exchanged Joint Defense Communications consistent with the purposes of this Agreement and the intent of the Party providing the information.

9. Independent Efforts. Nothing in this Agreement shall be construed to restrict the right of a Party to undertake separate investigative efforts or legal research in the defense of any action relating to the Permit Proceedings or any adverse claims related to them. Any Party undertaking such separate efforts shall be free to disclose or use the results of the separate and independent efforts in any manner that Party desires, without the consent of the Parties or any other Party.

10. Withdrawal or Settlement. Any Party may withdraw from this Agreement by delivering written notice to all other Parties, in accordance with Section 13 of this Agreement.

Alternatively, one or more Parties may conclude their involvement in the Permit Proceedings by 6 reason of settlement or otherwise. Any voluntary withdrawal or settlement does not relieve any Party’s obligation to continue to protect the confidentiality of all Joint Defense Communications, as though all Parties were still active in the Permit Proceedings. Such withdrawal or settlement shall be effective on the date that notice is deemed delivered to all Parties under the notice provision herein. Any Party withdrawing from this Agreement shall no longer have any right of access to any Joint Defense Communications after the date of withdrawal. The withdrawing Party shall either return or destroy all copies of Joint Defense Communications in its possession and shall certify in writing that all such materials have been returned or destroyed, as may be the case. All obligations under this Agreement shall continue to apply to the withdrawing and remaining Parties with respect to any Joint Defense Communications made to or by the withdrawing Parties prior to withdrawal.

11. Termination. This Agreement shall terminate upon the earlier of the following occurrences: (a) conclusion of all Permit Proceedings evidenced by a final judgment or settlement of administrative or judicial actions related to the Final Permit; (b) upon unanimous written consent to terminate among all then-current Parties; or (c) withdrawal from this Agreement by all of the Parties.

12. Survival of Obligations. Each Party agrees that all obligations herein, including the obligation to protect the confidentiality of Joint Defense Communications under this Agreement, shall survive the withdrawal from or termination of this Agreement, by settlement or otherwise, and shall remain binding on all Parties notwithstanding their withdrawal or the Agreement’s termination, even if the interests of the Parties later become adverse, and regardless of whether the joint defense and/or common interest doctrines become inapplicable with respect to later communications between the Parties.

13. Notices. Except for changes in contact information, all notices under this Agreement must be in writing and must be sent by e-mail to the addresses set forth in Appendix A or hand-delivered or sent by registered or certified mail, postage pre-paid, return receipt requested, or by FEDEX or other nationally recognized overnight delivery service to each Party. Any notice shall be deemed delivered five (5) business days after such mailing date, except that any notice hand-delivered or sent by e-mail or overnight delivery shall be deemed delivered one (1) business day after the dispatch date for overnight delivery service. Notices shall be addressed to each Party at the addresses shown for them in Appendix A, with a copy to its respective counsel of record.

Should the contact information for any Party change, then the Party shall provide written notification to all other Parties, either by e-mail or U.S. Mail within thirty (30) days of the change.

14. Engagement. Each Party agrees that it will not move to disqualify counsel from accepting future engagements unrelated to Permit Proceedings based solely upon counsel’s receipt of Joint Defense Communication. The Parties agree they will not seek to disqualify counsel from examining or cross-examining any Party who testifies at any proceeding, whether under a grant of immunity or otherwise, because of such attorney’s participation in this Joint Defense Agreement; and that such attorney may use any Joint Defense Communications provided by such Party while the Party was participating in this Agreement, but only consistent with the provisions of this Agreement. Each undersigned counsel to this Agreement represents that he or she has specifically advised his or her respective client of this clause and that such client has agreed to its provisions. 7 15. Entire Agreement. This Agreement sets forth the entire agreement of the Parties with respect to the subject matter contained herein, and no other terms are binding on the Parties.

16. Modifications. Any modification to this Agreement must be in writing and signed by all of the then-current Parties. This Section does not apply to changes in a Party’s contact information.

17. Remedies. The Parties expressly acknowledge and agree that no adequate remedy is available at law for a breach of this Agreement and that in addition to any other remedies available, performance of this Agreement may be specifically ordered and/or a breach hereof may be enjoined, or both.

18. No Admission of Liability or Responsibility. No recital, term, and/or provision in this Agreement shall be construed as an admission of liability or responsibility relating to the adverse claims by any Party.

19. Additional Parties. Additional parties and their counsel may be added to the Common Interest Group with prior written acceptance of such addition by all Parties, which may be provided by e-mail from counsel for the Parties. The addition of a new Party is effected by completion of the “Additional Party Signature Page,” attached hereto, and delivery of the completed signature page to all other Parties.

20. No Relationships Created. Nothing in this Agreement shall be construed to (a) create an attorney-client relationship between any Party and/or counsel to any other Party; (b) create any agency relationship among the Parties and/or their counsel, including a joint venture or partnership; or (c) affect the separate and independent representation of each Party by its respective counsel according to what each such counsel believes to be in the client’s best interests.

Each Party is responsible for directing its respective counsel and, to the extent the research or work product of any Party’s counsel is disclosed to other Parties in furtherance of the Parties’ common interest, such disclosure shall not waive any privileges or protections that apply to the work product, and shall not entitle any Party to move to disqualify the other Party’s counsel due to the performance of such work or because of information obtained in the course of such work.

21. Reservation of Rights and Claims. Notwithstanding any provision of this Agreement, each Party reserves all claims, causes of action, and any and all other rights it has or may have against any other Party, and the Parties do not intend or expect this Agreement to release or to waive those claims or rights.

22. Attorney’s Fees. Except by separate agreement, including but not limited to the Implementation Agreement, each Party shall be responsible for its own attorney’s fees related to this Agreement, any actions required under this Agreement, and actions during or related to the Permit Proceedings.

23. No Compensation. Except by separate agreement, including but not limited to the Implementation Agreement, no Party shall be entitled to any compensation, reimbursement or contribution from any other Party for the participation of its employees, officers, agents, or counsel in the Permit Proceedings.
8 24. Jointly Drafted. The Parties agree that this Agreement was jointly drafted by each Party, and no inference or rule of construction shall be applied based on the assumption that any individual Party drafted any provision in this Agreement.

25. Counterparts and Signatures. The Parties agree that Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which together shall constitute one and the same instrument, and that a photocopy or facsimile may serve as an original.

If this Agreement is executed in counterparts, no signatory hereto shall be bound until both the parties have fully executed a counterpart of this Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

26. Severability. If any provision in this Agreement is deemed invalid or unenforceable, the balance of this Agreement shall remain effective and shall be enforced to the full extent permitted by law.

27. Authority. The undersigned individuals represent that they are authorized to execute this Agreement on behalf of their respective Parties.

28. Choice of Law. This Agreement will be interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law; venue shall be San Bernardino County.

WHEREFORE, the Parties below have executed and entered into this Agreement as of the date indicated and within the jurisdiction noted.

SAN BERNARDINO COUNTY AND

SAN BERNARDINO COUNTY FLOOD

CONTROL DISTRICT
____________________________________
Tom Bunton
County Counsel
San Bernardino County and
San Bernardino County Flood Control District
Date: ______________________
9 CITY OF BIG BEAR LAKE
By: ________________________________
Name:

Title:_______________________________
Date:_______________________________
Approved as to Legal Form:

By:

Name:

Title:_______________________________
Date:_______________________________
Attest:

By:______________________________
Name:

Title: ____________________________
Date: ____________________________
10 CITY OF CHINO
By: ________________________________
Name:______________________________
Title:_______________________________
Date:

Approved as to Legal Form:

By: _________________________________
Name:_______________________________
Title:________________________________
Date:

Attest:

By: _____________________________
Name:

Title:____________________________
Date:____________________________
11 CITY OF CHINO HILLS
By:_________________________________
Name:

Title: _______________________________
Date: _______________________________
Approved as to Legal Form:

By:

Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:

By:______________________________
Name:

Title: ____________________________
Date:_____________________________
12 CITY OF COLTON
By: ________________________________
Name:

Title:_______________________________
Date:_______________________________
Attest:

By:______________________________
Name:

Title: ____________________________
Date:_____________________________
Approved as to Legal Form:

By: ________________________________
Name:______________________________
Title:

Date:_______________________________
13 CITY OF FONTANA
By: ________________________________
Name:

Title:_______________________________
Date:_______________________________
Approved as to Legal Form:

By:

Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:

By:______________________________
Name:

Title: ____________________________
Date:_____________________________
14 CITY OF GRAND TERRACE
By: _________________________________
Name:

Title:________________________________
Date:________________________________
Attest:

By:______________________________
Name:

Title: ____________________________
Date:_____________________________
Approved as to Legal Form:

By: __________________________________
Name:________________________________
Title:

Date:_________________________________
15 CITY OF HIGHLAND
By: ________________________________
Name:

Title:_______________________________
Date:_______________________________
Attest:

By:______________________________
Name:

Title: ____________________________
Date:_____________________________
Approved as to Legal Form:

By: _________________________________
Name:_______________________________
Title:

Date:________________________________
16 CITY OF LOMA LINDA
By:_________________________________
Name:

Title: _______________________________
Date: _______________________________
Attest:

By:______________________________
Name:

Title: ____________________________
Date:_____________________________
Approved as to Legal Form:

By: __________________________________
Name:________________________________
Title:

Date:_________________________________
17 CITY OF MONTCLAIR
By: ________________________________
Name:

Title:_______________________________
Date:_______________________________
Approved as to Legal Form:

By:

Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:

By:______________________________
Name:

Title: ____________________________
Date: ____________________________
18 CITY OF ONTARIO
By: ________________________________
Name:

Title:_______________________________
Date:_______________________________
Approved as to Legal Form:

By:

Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:

By:______________________________
Name:

Title: ____________________________
Date: ____________________________
19 CITY OF RANCHO CUCAMONGA
By: ________________________________
Name:______________________________
Title:

Date:_______________________________
Approved as to Legal Form:

By: ________________________________
Name:

Title:_______________________________
Date:_______________________________
Attest:

By:_____________________________
Name:

Title: ___________________________
Date: ___________________________
20 CITY OF REDLANDS
By: ________________________________
Name:

Title:_______________________________
Date:_______________________________
Attest:

By: _____________________________
Name:

Title:____________________________
Date:____________________________
Approved as to Legal Form:

By: ________________________________
Name:______________________________
Title:

Date:_______________________________
21 CITY OF RIALTO
By:_______________________________
Name:

Title: _____________________________
Date: _____________________________
Approved as to Legal Form:

By:

Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:

By: _____________________________
Name:

Title:____________________________
Date:____________________________
22 CITY OF SAN BERNARDINO
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:

By:________________________________
Name:

Title: ______________________________
Date: ______________________________
Attest:

By: _____________________________
Name:___________________________
Title:____________________________
Date:____________________________
23 CITY OF UPLAND
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:

By: ________________________________
Name:

Title:_______________________________
Date:_______________________________
Attest:

By: _____________________________
Name:___________________________
Title:____________________________
Date:____________________________
24 CITY OF YUCAIPA
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:

By:________________________________
Name:

Title: ______________________________
Date: ______________________________
Attest:

By: ___________________________
Name:_________________________
Title:__________________________
Date:__________________________
25 ADDITIONAL PARTY SIGNATURE PAGE
WHEREFORE, the Party below has executed and entered into this Common Interest, Joint Defense, and Confidentiality Agreement as of the date indicated.

Date:______________________ By:____________________________________ Name:______________________________
Title:_______________________________
APPENDIX A:

PARTY CONTACT INFORMATION
Name and Address of Party and Counsel Telephone and Facsimile San Bernardino County
Jonathan Dillon, [email protected]
Elias Severo, [email protected]
825 East Third Street
San Bernardino, CA 92415
San Bernardino County Flood Control District
Arlene B. Chun, [email protected]
Anthony Pham, [email protected]
Chris Bland, [email protected]
825 East Third Street
San Bernardino, CA 92415
Meyers, Nave
Gregory J. Newmark, [email protected]
Viviana L. Heger, [email protected]
707 Wilshire Blvd., 24th Floor
Los Angeles, CA 90017
San Bernardino County Counsel
Sophie Akins, [email protected]
385 North Arrowhead Avenue, 4th Floor
San Bernardino, CA 92415
(909) 387-8109
(909) 387-8109
(909) 387-0305 facsimile
(909) 387-8109
(909) 387-8109
(909) 387-8109
(909) 387-0305 facsimile
(213) 626-2906
(213) 626-0215 facsimile
(909) 387-5001
City of Big Bear Lake
Lynn Merrill, [email protected]
P.O. Box 10000
Big Bear Lake, CA 92315
[insert City Attorney]
(951) 217-1201 (mobile)
[insert ] facsimile
2 Name and Address of Party and Counsel Telephone and Facsimile City of Chino
Ruben Valdez, [email protected]
Nathan Marlinski, [email protected]
13220 Central Ave.

Chino, CA 91710
[insert City Attorney]
(909) 334-3423
(909) 334-3345
(909) 334-3724 facsimile
City of Chino Hills
Nisha Wells, [email protected]
Andy Zummo, [email protected]
14000 City Center Drive
Chino Hills, CA 91709
[insert City Attorney]
(909) 364-2835
(909) 364-2792
[insert ] facsimile
City of Colton
Moises Peralta, [email protected]
Tanya Garcia, [email protected]
160 S. 10th Street
Colton, CA 92324
[insert City Attorney]
(909) 370-5065
(909) 370-5065
(909) 370-6104 facsimile
3 City of Fontana
Abigail Gomez, [email protected]
Edwin Alonzo, [email protected]
8353 Sierra Ave.

Fontana, CA 92335
[insert City Attorney]
(909) 350-6772
(909) 428-8819
[insert ] facsimile
City of Grand Terrace
Lynn Merrill, [email protected]
Robert Eisenbeisz, [email protected]
22795 Barton Road
Grand Terrace, CA 92314
[insert City Attorney]
(951) 217-1201 (mobile)
(909) 824-6621, ext. 251
[insert ] facsimile
City of Highland
Melissa Morgan, [email protected]
Carlos Florez, [email protected]
27215 East Base Line
Highland, CA 92346
[insert City Attorney]
(909) 864-8732 x230
(909) 864-6861 x271
(909) 862-3180 facsimile
City of Loma Linda
T. Jarb Thaipejr, [email protected]
Jeff Peterson, [email protected]
25541 Barton Road
Loma Linda, CA 92354
[insert City Attorney]
(909) 799-4407
(909) 799-4407
(909) 799-2891 facsimile
4 City of Montclair
Steve Stanton, [email protected]
Samantha Conteras, [email protected]
P.O. Box 2308
Montclair, CA 91763
[insert City Attorney]
(909) 625-9444
(909) 625-9447
[insert ] facsimile
City of Ontario
Alicia Espinoza, [email protected]
Nathan Pino, [email protected]
Raymond Lee, [email protected]
303 East B Street
Ontario, CA 91764
[insert City Attorney]
(909) 395-2188
(909) 395-2389
(909) 395-2104
(909) 395-2122 facsimile
City of Rancho Cucamonga
Linda Ceballos, [email protected]
Scott Rapp, [email protected]
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
[insert City Attorney]
(909) 774-4060
(909) 774-4064
(909) 477-2746 facsimile
City of Redlands
Aaron Ares, [email protected]
P.O. Box 3005
Redlands, CA 92373
[insert City Attorney]
(909) 798-7597 x5
(909) 798-7670 facsimile
5 City of Rialto
Melanie Sotelo, [email protected]
Joe Rosales, [email protected]
Office: 1470 East Cooley Drive, Colton, CA 92324
City: 355 West Rialto Avenue, Rialto, CA 92376
[insert City Attorney]
(909) 835-0313 (mobile)
(909) 241-6212 (mobile)
[insert ] facsimile
City of San Bernardino
Ken Watson, [email protected]
Susan Pan, [email protected]
290 North “D” Street
San Bernardino, CA 92410
[insert City Attorney]
(909) 384-5154
(909) 384-5225
(909) 384-5080 facsimile
City of Upland
Nicole deMoet, [email protected]
Julian Chang, [email protected]
P.O. Box 460
406 N. Euclid Ave.

Upland, CA 91785
[insert City Attorney]
(909) 291-2970
(909) 291-2941
(909) 291-2774 facsimile
City of Yucaipa
Katrina Kunkel, [email protected]
Fermin Preciado, [email protected]
34272 Yucaipa Blvd.

Yucaipa, CA 92399
[insert City Attorney]
(909) 797-2489 x255
(909) 797-2489 x240
(909) 790-9203 facsimile
5050303.1

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 1.9

RESOLUTION AUTHORIZING SUBMISSION OF THE
2021 GENERAL PLAN AND HOUSING ELEMENT PROGRESS REPORTS

ACTION TO BE CONSIDERED
City Council will consider a formal resolution directing staff to submit two required annual progress reports to the State of California. The Housing Element Annual Progress Report (APR) will be submitted to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) prior to the April 1 deadline, and tracks the number of residential units permitted or built over the past year. The General Plan Progress Report will be submitted to the Governor’s Office of Planning and Research (OPR), and outlines the City’s progress toward implementing the goals and policies included in the General Plan.

RECOMMENDED MOTION(S)
Motion to adopt the Resolution Authorizing Submission of the 2021 General Plan and Housing Element Progress Reports.

RESPONSIBLE STAFF Sue O’Strander, Community Development Director Ruth Lorentz, Principal Planner

ADDITIONAL CITY MANAGER COMMENTS
None.

MEETING
DATE: March 7, 2021
TO: Honorable Mayor and Members of the City Council
THROUGH: Frank A. Rush, Jr., City Manager
FROM: Sue O’Strander, Director of Planning & Inspections Ruth Lorentz, Principal Planner
SUBJECT: Resolution Authorizing Submission of the 2021 General Plan and Housing Element Progress Reports

BACKGROUND
In 2017, the Governor signed a group of fifteen (15) housing bills to address affordable housing issues in California. Many of the provisions in these bills became effective on January 1, 2018.

Most relevant to this item is AB 879, which made the Annual Housing Element Progress Report (APR) applicable to charter cities and added a number of additional housing element reporting requirements to the report. Prior to the passage of AB 879, charter cities, such as the City of Big Bear Lake, were not required to submit the APR on an annual basis.

Each year, cities must report every housing unit approved or disapproved for the prior year. This includes entitlements for housing developments, building permits issued, and permits completed (final occupancy) for each housing unit. The reporting period is a calendar year, from January 1 to December 31. The APR is provided annually to the City Council at a regularly scheduled public meeting. The APR must be submitted to the State Department of Housing and Community Development (HCD) and the State Office of Planning and Research (OPR) by April 1st of each year. Since 2018, HCD has police power to require submittal of a Housing Element APR and limit state grant funds to cities which do not comply.

The 2021 APR is a review of the progress made on the 2013-2021 Housing Element. Next year, the 2022 APR will track the progress of housing units under the 2021-2029 Housing Element. As part of the General Plan, the City has an adopted and certified Housing Element for the planning period covering 2013 to 2021, and has prepared this APR to submit in accordance with Government Code Section 65400. The City of Big Bear Lake Planning Division webpage https://www.citybigbearlake.com/index.php/departments/planning-inspections/planning includes a number of documents, including the 2013-2021 Housing Element, which can be viewed www.citybigbearlake.com/housingelement.

The APR is a standardized Excel spreadsheet created by HCD. Each agency must input their data into this spreadsheet and may not alter the spreadsheet. Unfortunately, this affects the readability of some tables, in particular Table A2. Previous year’s data is also imported into the worksheet.

The 2021 APR spreadsheet consists of nine tables, instructions, and a summary sheet. Only relevant and required information is provided on the worksheets so several of the tables contain no data. The APR is provided in Attachment 2.

State law also requires cities to submit a progress report for General Plans on an annual basis to OPR. Unlike Housing Element APR’s, there are no consequences to cities which do not submit annual General Plan APRs, and Big Bear Lake has not kept up with this requirement since 2005.

The General Plan was adopted in 1999 and is now more than twenty years old. Most of its policies and programs have been implemented or no longer apply. Since the City anticipates embarking on a new or updated comprehensive General Plan over the next year, it is timely to submit an APR for the current General Plan. This summary will provide the City with an overview of the status of each policy. The General Plan APR is provided in Attachment 3.

DISCUSSION
2013-2021 Housing Element
As shown in Table A of the APR, the City issued building permits for a total of 37 residential dwelling units including 35 single family dwellings and 2 accessory dwelling units (ADU’s).

There are not any local programs which target low- and moderate-income families on units built to be sold, so the 35 single family dwellings are determined to fall within the Above-Moderate income category (over 120% of County median income). HCD has accepted that ADU’s typically fall within the moderate-income category (81% to 120% of County median income) or within the low-income category (50% to 80% of County median income). However, based on local comparable rents, one of the ADU’s falls within the moderate-income range while the other falls within the above moderate-income range. This determination is also based on HCD’s 2021 state income limits, assisted by an affordability calculator developed by HCD, and the information provided by the applicants of the ADU.

Table A2 tracks the life of permits, including development entitlements, for the “life” of the permit.

This includes information such as the date issued, the date completed (also referred to as Certificate of Occupancy), among other affordability restrictions or density bonuses for affordable development. Table B automatically populatesthe data provided in Tables A and A2, to summarize the City’s progress toward the Regional Housing Needs Assessment (RHNA) during the 8-year Housing Element cycle. Table D of the APR provides a status of the 2013-2021 Housing Element programs that were implemented within this reporting period.

There is no reportable action in Tables C, E, F, G, or H. State housing laws require that any Cityowned sites identified in the Housing Element’s adequate sites inventory which have been sold, leased, or disposed of in the prior year be listed in the APR. This corresponds to Table G. Similarly, Table H (added by HCD in 2019) requires reporting of any City-owned sites, which are surplus sites to be sold, leased, or otherwise disposed of. The City has not sold, leased, or disposed of any City-owned land, and none of the City-owned land was identified as residential site inventory. The completed spreadsheet constitutes the APR and will be submitted to the State.

General Plan
The City’s current General Plan was adopted in 1999 and contains several Elements, which were required at that time, as well as several “optional” Elements. These include:

Required Elements Optional Elements
Land Use Community Design
Housing Public Facilities
Circulation
Safety (Environmental Hazards)
Conservation (Environmental Resources)
Noise
Open Space and Recreation
Unlike the Housing Element APR, General Plan APR does not have a standard reporting format.

As such, we have provided each program in a separate table format, which is consistent to how the City has submitted this information to OPR in the past. As can be seen in the status column, many of the programs have been implemented. For example, under the Land Use Element the City has completed a Development Code, established procedures for processing development applications, created a zoning map, established standards for special events, signs, and lodging uses, and construction of public parking in the Village. Programs under the Circulation Element have also been implemented. For example, assisting MARTA, now known as Mountain Transit, in siting safe bus stops and shelters and signalizing the intersections of Big Bear Boulevard and Moonridge/Garstin Roads, Paine Road at Village Drive, and Big Bear Boulevard at Pine Knot Avenue. Many programs related to creating a Master Plan of Trails and constructing trails, parks and interpretive signage have been accomplished under the Land Use, Circulation, Environmental Resources, and Open Space and Recreation Elements. Programs under the Environmental Hazards, Noise, Public Facilities, and Community Design continue to be implemented on an ongoing basis as part of the development review process of public and private development projects. The Big Bear Alpine Zoo has been relocated to a new site and the Big Bear Valley’s fire services have been consolidated into one agency (Fire Protection District).

Since many of the programs have been implemented and many are no longer relevant, a General Plan update to provide goals and direction for the next 20 years is warranted. Over the last two decades, many new State laws have shaped what cities must evaluate in a General Plan. California law now requires that General Plans provide a minimum of nine state-mandated elements: Land Use, Open Space, Conservation, Housing, Circulation, Noise, Safety, Environmental Justice and Air Quality. These last two categories would be new requirements for inclusion in the City’s next General Plan document.

More recent legislation also requires General Plans updates to include discussions pertaining to Tribal Consultation (AB 52 and SB 18), Complete Streets (AB 1358), Climate Change and Resilience (SB 379), and Fire Hazards (AB 1241) among others. In the near future, the City will initiate a Community Visioning process that will result in a vision statement and action plan, which should dovetail into the next comprehensive planning process.

FISCAL IMPACT
There is no fiscal impact.

ENVIRONMENTAL CONSIDERATIONS
The APR is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines. This section defines a “project” as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The APR is an administrative report that, by itself, authorizes no development or any discretionary action, and therefore is exempt from CEQA.

ATTACHMENTS

1. Resolution 2022-XX

2. Housing Element Annual Progress Report

3. General Plan Annual Progress Report
ATTACHMENT 1
Resolution No.
2022-XX

RESOLUTION NO. 2022-XX
RESOLUTION AUTHORIZING SUBMISSION OF THE 2021

GENERAL PLAN AND HOUSING ELEMENT

PROGRESS REPORTS
WHEREAS, Government Code Section 65400 stipulates that local jurisdictions must prepare an Annual Progress Report (APR), reporting the status and progress of General Plans and Housing Elements, which is to be considered at a public meeting before the legislative body, where the public is permitted to provide oral testimony and written comments; and, WHEREAS, the Housing Element APR must be submitted to both the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) by April 1st of each year; and,
WHEREAS, the General Plan APR must be submitted to the Governor’s Office of Planning and Research (OPR) by April 1st of each year; and,
WHEREAS, the 2021 APR has been prepared in accordance with state laws and is being presented at a regularly scheduled public meeting of the City Council on Monday, March 7, 2022; and, WHEREAS, the submittal of the APR to HCD and OPR is not a project subject to the California Environmental Quality Act (CEQA), pursuant to Section 15061(b) (3), Common Sense Exemption, of the CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED by the City Council authorizes staff to submit the 2021 Annual Housing Element Progress Report to the California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR):

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
Housing Element
Annual Progress
Report
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title
Email
Phone
Street Address
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v 1_13_2022
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P.O. Box 10,000
Big Bear Lake
92315
Please Start Here
General Information
2021
Big Bear Lake
Contact Information
Ruth
Lorentz
Principal Planner
[email protected]
9098665831
Mailing Address
Annual Progress Report January 2020
Jurisdiction Big Bear Lake ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 0 0 0 0 0 1 36 37 37 0 31147170 31147170 42550 Pegasus 14-00325 SFD O 7/22/2014 1 1 1 No No 30802323 30802323 450 Temple 15-00626 SFD O 11/10/2015 1 1 1 No NO 31068303 31068303 43778 Colusa 17-00410 SFD O 8/17/2017 1 1 1 No No 30710711 30710711 40034 Forest 17-00485 SFD O 9/14/2017 1 1 1 No NO 30805661 30805661 40225 Mahanoy 17-00497 SFD O 9/19/2017 1 1 1 No NO 30922121 30922121 864 Great Spirits Way 17-00625 SFD O 11/3/2017 1 1 1 No NO 30904609 30904609 457 Mountaire 17-00641 SFD O 11/8/2017 1 1 1 No No 232814210 232814210 605 San Gorgonio 17-00681 SFD O 11/28/2017 1 1 1 No No 235008201 235008201 43596 Sheephorn 17-00737 SFD O 12/21/2017 1 1 1 No nO 232830118 232830118 42391 Heavenly Valley 5/18/2022 SFD O 1/8/2018 1 1 1 No NO 232831224 232831224 781 North Star 18-00013 SFD O 1/17/2018 1 1 1 No NO 232840539 232840539 42644 Cedar 18-00017 SFD O 1/18/2018 1 1 1 No No 232840540 232840540 42642 Cedar 18-00018 SFD O 1/18/2018 1 1 1 No NO 31041316 31041316 43246 Deer Canyon 18-00022 SFD O 1/22/2018 1 1 1 No No 232838620 232838620 42576 Falcon 18-00021 SFD O 1/22/2018 1 1 1 No no 30908305 30908305 421 Oriole 18-00023 SFD O 1/22/2018 1 1 1 No No 30922130 30922130 40958 Seneca Trail 18-00034 SFD O 1/29/2018 1 1 1 No No 30804912 30804912 40263 Dream 18-00076 SFD O 3/1/2018 1 1 1 No No 232814422 232814422 41920 Evergreen 18-00077 SFD O 3/1/2018 1 1 1 No No 31067306 31067306 43625 Wolf 18-00101 SFD O 3/19/2018 1 1 1 No No 232840538 232840538 42646 Cedar 18-00107 SFD O 3/19/2018 1 1 1 No No 232840537 232840537 42648 Cedar 18-00108 SFD O 3/19/2018 1 1 1 No No 31139205 31139205 379 Meadow Circle 18-00118 SFD O 3/27/2018 1 1 1 No No 232844118 232844118 42739 Haupstrasse 18-00120 SFD O 3/29/2018 1 1 1 No No Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 Jurisdiction Big Bear Lake ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3 5 6 8 9 11 12
Prior APN+ Current APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0 0 1 36 37 0 1 0 1 0 1 24 27 ############### 31147170 42550 Pegasus 14-00325 SFD O 0 1 3/16/2018 1 0 30802323 30802323 450 Temple 15-00626 SFD O 0 1 2/17/2016 1 1 1/25/2018 1 31068303 31068303 43778 Colusa 17-00410 SFD O 0 1 6/4/2018 1 1 11/3/2021 1 30710711 30710711 40034 Forest 17-00485 SFD O 0 1 6/25/2018 1 0 30805661 30805661 40225 Mahanoy 17-00497 SFD O 0 1 3/13/2018 1 0 30922121 30922121 864 Great Spirits
Way 17-00625 SFD O 0
1 1/9/2018 1 1 5/30/2019 1
30904609 30904609 457 Mountaire 17-00641 SFD O 0 1 2/22/2018 1 1 11/20/2018 1 232814210 232814210 605 San Gorgonio 17-00681 SFD O 0 1 2/15/2018 1 1 5/22/2019 1 ############### ############### 43596 Sheephorn 17-00737 SFD O 0 1 5/7/2018 1 1 9/9/2019 1 232830118 232830118 42391 Heavenly
Valley 5/18/2021 SFD O 0
1 2/22/2018 1 1 9/5/2019 1
232831224 232831224 781 North Star 18-00013 SFD O 0 1 1/19/2018 1 1 2/15/2019 1 232840539 232840539 42644 Cedar 18-00017 SFD O 01 5/21/2018 1 1 8/30/2019 1 232840540 232840540 42642 Cedar 18-00018 SFD O 01 5/21/2018 1 1 8/30/2019 1 31041316 31041316 43246 Deer Canyon 18-00022 SFD O 01 3/14/2018 1 1 8/15/2018 1 232838620 232838620 42576 Falcon 18-00021 SFD O 0 1 3/19/2018 1 1 10/22/2018 1 30908305 30908305 421 Oriole 18-00023 SFD O 0 1 3/14/2018 1 1 8/17/2018 1 30922130 30922130 40958 Seneca Trail 18-00034 SFD O 01 3/23/2018 1 1 1/3/2019 1 30804912 30804912 40263 Dream 18-00076 SFD O 0 1 8/14/2018 1 1 9/18/2019 1 232814422 232814422 41920 Evergreen 18-00077 SFD O 0 1 4/26/2018 1 1 5/23/2019 1 31067306 31067306 43625 Wolf 18-00101 SFD O 0 1 4/24/2018 1 1 8/5/2019 1 232840538 232840538 42646 Cedar 18-00107 SFD O 01 5/21/2018 1 1 8/30/2019 1 232840537 232840537 42648 Cedar 18-00108 SFD O 01 5/21/2018 1 1 8/30/2019 1 31139205 31139205 379 Meadow Circle 18-00118 SFD O 01 6/18/2018 1 1 5/27/2020 1 232844118 232844118 42739 Haupstrasse 18-00120 SFD O 01 7/9/2018 1 1 3/4/2020 1 30909105 30909105 422 Quail Run 18-00180 SFD O 0 1 6/21/2018 1 1 4/3/2019 1 232835311 232835311 386 Crystal Lake 18-00184 SFD O 0 1 7/10/2018 1 1 2/19/2019 1 232807208 232807208 738 Goldenwest 18-00188 SFD O 0 1 7/11/2018 1 1 6/17/2019 1 232855116 232855116 42925 Sunset 18-00221 SFD O 0 1 8/29/2018 1 1 4/16/2019 1 232814322 232814322 42055 Winterpark 18-00294 SFD O 0 1 8/3/2016 1 1 5/13/2019 1 232835133 232835133 42804 Ursa Major 18-00293 SFD O 0 1 9/6/2018 1 1 10/17/2019 1 232864303 232864303 43175 Sunset 18-00334 SFD O 0 1 10/18/2018 1 1 2/13/2020 1 30804402 30804402 569 Waynoka 18-00349 SFD O 0 1 12/20/2018 1 1 12/3/2019 1 232836427 232836427 42680 Haupstrasse 18-00362 SFD O 01 11/19/2018 1 1 11/6/2019 1 30720405 30720405 39996 Glenview 18-00181 ADU R 01 5/22/2018 1 1 5/23/2018 1 30716223 30716223 40055 Hillcrest 18-00197 ADU R 01 5/24/2018 1 1 11/1/2018 1 30705223 30705223 313 Canvasback 18-00305 ADU R 01 8/1/2018 1 1 12/26/2018 1 30813708 30813708 40651 Village Dr Muntean Mixed Use PPR 2018-123 2 to 4 R 2 12/7/2018 20 0 30813704 30813704 40645 Village Dr Muntean Mixed Use PPR 2018-123: 18- 00526 SFA R 1 12/7/2018 1
1 3/25/2019 1 1 1/10/2020 1
30922131 30922131 40968 Seneca Trail 18-00117 SFD O 01 7/1/2019 1 1 7/23/2021 1 232827505 232827505 348 Santa Clara 18-00312 SFD O 0 1 5/16/2019 1 1 10/22/2020 1 30912350 30912350 668 Merced 18-00447 SFD O 0 1 2/25/2019 1 1 11/26/2019 1 30720347 30720347 549 Edgemoor 18-00510 SFD O 0 1 5/17/2019 1 1 6/26/2020 1 31145225 31145225 42372 Eagle Ridge 18-00551 SFD O 01 3/25/2019 1 1 10/22/2019 1 30917312 30917312 41610 McWhinney 18-00588 SFD O 0 1 1/24/2019 1 1 1/3/2020 1 30912266 30912266 653 Knight 4/19/2021 SFD O 0 1 1/2/2019 1 1 2/14/2019 1 31137204 31137204 42050 Skyview 7/19/2021 SFD O 0 1 1/3/2019 1 1 3/15/2019 1 30928232 30928232 125 N Eagle 8/19/2021 SFD O 0 1 10/18/2019 1 1 6/9/2021 1 31150105 31150105 42729 Goldrush 19-00026 SFD O 0 1 4/2/2019 1 1 12/12/2019 1 232855122 232855122 734 Tehama 19-00057 SFD O 0 1 5/14/2019 1 1 2/28/2020 1 232830110 232830110 42350 Heavenly
Valley 19-00082 SFD O 0
1 5/2/2019 1 1 10/23/2020 1
30936118 30936118 146 Meadow View 19-00085 SFD O 0 1 7/31/2019 1 1 1/16/2021 1 30919231 30919231 764 Conklin 19-00088 SFD O 0 1 5/9/2019 1 1 11/26/2019 1 232845509 232845509 42765 Cougar 19-00113 SFD O 0 1 6/3/2019 1 1 3/9/2020 1 232806116 232806116 41738 Comstock 19-00132 SFD O 0 1 7/24/2019 1 1 2/5/2021 1 232808609 232808609 41795 Switzerland 19-00150 SFD O 0 1 6/11/2019 1 1 9/15/2020 1 30911208 30911208 658 Marin 19-00157 SFD O 0 1 7/18/2019 1 1 7/9/2020 1 232864304 232864304 820 Ravine 19-00217 SFD O 0 1 7/12/2019 1 1 6/10/2020 1 30919233 30919233 780 Conklin 19-00218 SFD O 0 1 7/12/2019 1 1 2/18/2020 1 232843613 232843613 410 Tannebaum 19-00224 SFD O 0 1 9/19/2019 1 1 3/31/2021 1 232838617 232838617 42598 Falcon 19-00254 SFD O 0 1 8/20/2019 1 1 10/28/2020 1 30922124 30922124 40953 Seneca Trail 19-00307 SFD O 01 10/29/2019 1 1 8/4/2021 1 232835415 232835415 374 Northern Cross 19-00324 SFD O 01 10/15/2019 1 1 1/8/2021 1 31028128 31028128 1255 Balsam 19-00341 SFD O 0 1 9/23/2019 1 1 10/15/2020 1 232835101 232835101 387 Northern Cross 19-00426 SFD O 01 11/15/2019 1 1 8/24/2020 1 232855127 232855127 760 Tehama 19-00438 SFD O 0 1 11/4/2019 1 1 7/2/2020 1 307094451 307094451 39873 Forest 19-00028 ADU R 01 12/10/2019 1 1 10/11/2021 1 30907123 30907123 291 N Eureka 19-00317 ADU R 01 8/7/2019 1 1 3/25/2020 1 30813704 30813704 40645 Village Dr Muntean Mixed Use 18-00526 SFA R 01 3/25/2019 1 1 1/10/2020 1 232846116 232846116 42742 Sonoma 18-00198 SFD O 0 1 1/8/2020 1 1 6/2/2021 1 232845530 232845530 42751 Cougar 19-00351 SFD O 0 1 1/22/2020 1 1 12/9/2020 1 31143112 31143112 205 N Starvation
Flats 19-00403 SFD O 0
1 2/26/2020 1 1 12/17/2020 1
30935127 30935127 119 Stone Bridge 19-00463 SFD O 0 1 9/16/2020 1 1 5/14/2021 1 31046243 31046243 1291 Siskiyou 19-00549 SFD O 0 1 1/6/2020 1 1 11/24/2020 1 30921212 30921212 41132 Maryland 19-00659 SFD O 0 1 5/13/2020 1 1 6/11/2021 1 31147215 31147215 380 Springhill 19-00670 SFD O 0 1 3/5/2020 1 0 30936102 30936102 143 Marina Point 19-00672 SFD O 0 1 5/7/2020 1 0 30821325 30821325 891 Cameron 19-00676 SFD O 0 1 9/17/2020 1 1 10/27/2021 1 30802101 30802101 494 Lakewood 19-00677 SFD O 0 1 4/16/2020 1 1 10/2/2020 1 30607510 30607510 38988 Willow
Landing 19-00682 SFD O 0
1 5/27/2020 1 1 7/23/2021 1
31147124 31147124 42785 Timberline 20-00049 SFD O 0 1 5/27/2020 1 0 1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Project Identifier
(CCR Title 25 §6202)
Jurisdiction Big Bear Lake ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3 5 6 8 9 11 12
Prior APN+ Current APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0 0 1 36 37 0 1 0 1 0 1 24 27 1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Project Identifier
(CCR Title 25 §6202)
30919311 30919311 825 Conklin 20-00068 SFD O 0 1 5/19/2020 1 1 10/6/2020 1 232835128 232835128 315 Northern Cross 20-00105 SFD O 01 7/28/2020 1 1 2/4/2021 1 30806207 30806207 607 Talmadge 20-00138 SFD O 0 1 11/30/2020 1 1 9/29/2021 1 30613201 30613201 39025 Bayview Ln 20-00219 SFD O 0 1 10/15/2020 1 1 6/29/2021 1 232805113 232805113 41814 Brownie 20-00220 SFD O 0 1 11/16/2020 1 1 7/29/2021 1 232836415 232836415 42605 Avalon 20-00314 SFD O 0 1 12/1/2020 1 1 11/22/2021 1 31075404 31075404 43837 Mendocino 20-00347 SFD O 0 1 11/23/2020 1 1 9/27/2021 1 30935119 30935119 41562 Stone Bridge 20-00436 SFD O 01 12/4/2020 1 1 10/27/2021 1 31147246 31147246 42689 Timberline
Trail 19-00671 SFD O 0
1 9/30/2020 1 1 7/6/2021 1
30701210 30701210 160 Round Dr 19-00603 SFD O 0 1 6/16/2020 1 0 30719403 30719403 39982 Deer Ln 19-00641 SFD O 0 1 6/11/2020 1 0 3/ 30821418 999 Cherry Ln 19-00638 ADU R 01 5/19/2020 1 1 3/25/2021 1 30711204 30711204 815 Iris 19-00669 ADU R 01 8/18/2020 1 1 8/5/2021 1 31095137 31095137 43000 Clover Rd
Unit 20
Comstock Highlands
Condos
21-00098 SFA O
0 1
10/18/2021 1 0
31095138 31095138
43000 Clover Rd
Unit 21
Comtock Highlands
Condos
21-00099 SFA O
0 1
10/18/2021 1 0
31095139 31095139 43000 Clover Rd
Unit 22
Comstock Highlands
Condos
21-00100 SFA O
0 1
10/18/2021 1 0
31095140 31095140 43000 Clover Rd
Unit 23
Comstock Highlands
Condos
21-00101 SFA O
0 1
10/18/2021 1 0
31095141 31095141 43000 Clover Rd
Unit 24
Comstock Highlands
Condos
21-00102 SFA O
0 1
10/18/2021 1 0
31095142 31095142 43000 Clover Rd
Unit 25
Comstock Highlands
Condos
21-00103 SFA O
0 1
10/18/2021 1 0
31095143 31095143 43000 Clover Rd
Unit 26
Comstock Highlands
Condos
21-00104 SFA O
0 1
10/18/2021 1 0
31095144 31095144 43000 Clover Rd
Unit 27
Comstock Highlands
Condos
21-00105 SFA O
0 1
10/18/2021 1 0
30717269 30717269 802 Pine Meadow
Ct
Talmadge (Mill Creek) 21-00141 SFD O
0 1
4/15/2021 1 0
30717270 30717270 806 Pine Meadow
Ct
Talmadge (Mill Creek) 21-00142 SFD O
0 1
4/15/2021 1 0
30717271 30717271 812 Pine Meadow
Ct
Talmadge (Mill Creek) 19-00012 SFD O
0 1
3/23/2021 1 0
30717283 30717283 819 Pine Meadow
Ct
Talmadge (Mill Creek) 21-00448 SFD O
0 1
10/5/2021 1 0
30717272 30717272 822 Pine Meadow
Ct
Talmadge (Mill Creek) 21-00240 SFD O
0 1
9/10/2021 1 0
30717273 30717273 826 Pine Meadow
Ct
Talmadge (Mill Creek) 21-00305 SFD O
0 1
9/30/2021 1 0
31147149 31147149 370 Starlight 21-00115 SFD O 0 1 5/28/2021 1 0 31150125 31150125 195 Teakwood 21-00033 SFD O 0 1 4/28/2021 1 0 31150137 31150137 42772 Castlewood 21-00129 SFD O 0 1 9/3/2021 1 0 31147130 31147130 409 Glenwood 21-00305 SFD O 0 1 9/8/2021 1 0 232846502 232846502 42849 Sonoma 21-00214 SFD O 0 1 7/7/2021 1 0 30908403 30908403 439 Wren 21-00196 SFD O 0 1 7/20/2021 1 0 232813603 232813603 42072 Snowmass 21-00048 SFD O 0 1 10/7/2021 1 0 31094304 31094304 1236 Wolf Creek Ct 21-00084 SFD O
0 1
6/9/2021 1 0
31094303 31094303 1224 Wolf Creek Ct 21-00080 SFD O
0 1
6/9/2021 1 0
232833417 232833417 154 Mountain Lake 21-00362 SFD O
0 1
11/17/2021 1 0
232837421 232837421 42677 Cougar Rd 20-00366 SFD O 0 1 2/3/2021 1 1 2/3/2021 1 232807209 232807209 41814 Golden West
Pl
20-00479 SFD O
0 1
4/21/2021 1 1 4/21/2021 1
232820503 232820503 42128 Snowmass 21-00034 SFD O 0 1 7/22/2021 1 1 7/22/2021 1 30613202 30613202 39033 Bayview Ln 21-00001 SFD O 0 1 8/4/2021 1 0 31152101 31152101 272 Stony Creek 20-00550 SFD O 0 1 12/15/2021 1 0 30810124 30810124 834 Paine Rd 20-00278 SFD O 0 1 1/5/2021 1 0 232801112 232801112 223 Alp Ct 20-00531 SFD O 0 1 10/19/2021 1 0 311-47131 311-47131 405 Glenwood 21-00315 SFD O 0 1 9/8/2021 1 0 30921514 30921514 791 Knight 21-00116 SFD O 0 1 6/28/2021 1 0 31151140 31151140 189 Stony Creek 21-00109 SFD O 0 1 7/27/2021 1 0 232826112 232826112 233 Olympic 21-00025 SFD O 0 1 6/9/2021 1 0 30608128 30608128 38982 Waterview 21-00387 ADU R 0 1 11/10/2021 1 0 30929203 30929203 203 N Eureka 20-00403 ADU R 0 1 10/6/2021 1 0 Big Bear Lake
2021 (Jan. 1 - Dec. 31)
5th Cycle 10/15/2013 - 10/15/2021
Current APN Street Address
Summary Row: Start Data Entry Below
31147170 42550 Pegasus
30802323 450 Temple
31068303 43778 Colusa
30710711 40034 Forest
30805661 40225 Mahanoy
30922121 864 Great Spirits
Way
30904609 457 Mountaire
232814210 605 San Gorgonio
############### 43596 Sheephorn
232830118 42391 Heavenly
Valley
232831224 781 North Star
232840539 42644 Cedar
232840540 42642 Cedar
31041316 43246 Deer Canyon
232838620 42576 Falcon
30908305 421 Oriole
30922130 40958 Seneca Trail
30804912 40263 Dream
232814422 41920 Evergreen
31067306 43625 Wolf
232840538 42646 Cedar
232840537 42648 Cedar
31139205 379 Meadow Circle
232844118 42739 Haupstrasse
30909105 422 Quail Run
232835311 386 Crystal Lake
232807208 738 Goldenwest
232855116 42925 Sunset
232814322 42055 Winterpark
232835133 42804 Ursa Major
232864303 43175 Sunset
30804402 569 Waynoka
232836427 42680 Haupstrasse
30720405 39996 Glenview
30716223 40055 Hillcrest
30705223 313 Canvasback
30813708 40651 Village Dr
30813704 40645 Village Dr
30922131 40968 Seneca Trail
232827505 348 Santa Clara
30912350 668 Merced
30720347 549 Edgemoor
31145225 42372 Eagle Ridge
30917312 41610 McWhinney
30912266 653 Knight
31137204 42050 Skyview
30928232 125 N Eagle
31150105 42729 Goldrush
232855122 734 Tehama
232830110 42350 Heavenly
Valley
30936118 146 Meadow View
30919231 764 Conklin
232845509 42765 Cougar
232806116 41738 Comstock
232808609 41795 Switzerland
30911208 658 Marin
232864304 820 Ravine
30919233 780 Conklin
232843613 410 Tannebaum
232838617 42598 Falcon
30922124 40953 Seneca Trail
232835415 374 Northern Cross
31028128 1255 Balsam
232835101 387 Northern Cross
232855127 760 Tehama
307094451 39873 Forest
30907123 291 N Eureka
30813704 40645 Village Dr
232846116 42742 Sonoma
232845530 42751 Cougar
31143112 205 N Starvation
Flats
30935127 119 Stone Bridge
31046243 1291 Siskiyou
30921212 41132 Maryland
31147215 380 Springhill
30936102 143 Marina Point
30821325 891 Cameron
30802101 494 Lakewood
30607510 38988 Willow
Landing
31147124 42785 Timberline
1 Project Identifier Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
13 14 15 16 17 18 19 20 21 22 23 24 25
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
0 0 0 0
N Y Expires 2/2/2023
N Y
N Y
N Y Permit was voided
N Y Expires 2/2/2023
N Y
N Y
N Y
N Y
N Y
N Y
N Y Comparable prices for the size and
neighborhood
N Y Comparable prices for the size and
neighborhood
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y Comparable prices for the size and
neighborhood
N Y Comparable prices for the size and
neighborhood
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y Comparable rents for the size and
neighborhood
N Y Comparable rents for the size and
neighborhood
N Y Comparable rents for the size and
neighborhood
N
Comparable rents for the size and
neighborhood
N
Comparable rents for the size and
neighborhood
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y Comparable rents for size and
location
N Y Comparable rents for size and
location
N Y Comparable rents for size and
location
N Y
N Y
N Y
N Y
N Y
N Y
N Y Soft hold
N Y
N Y
N Y
N Y
N Y
Density Bonus Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units
Big Bear Lake
2021 (Jan. 1 - Dec. 31)
5th Cycle 10/15/2013 - 10/15/2021
Current APN Street Address
Summary Row: Start Data Entry Below
1 Project Identifier
30919311 825 Conklin
232835128 315 Northern Cross
30806207 607 Talmadge
30613201 39025 Bayview Ln
232805113 41814 Brownie
232836415 42605 Avalon
31075404 43837 Mendocino
30935119 41562 Stone Bridge
31147246 42689 Timberline
Trail
30701210 160 Round Dr
30719403 39982 Deer Ln
30821418 999 Cherry Ln
30711204 815 Iris
31095137 43000 Clover Rd
Unit 20
31095138
43000 Clover Rd
Unit 21
31095139 43000 Clover Rd
Unit 22
31095140 43000 Clover Rd
Unit 23
31095141 43000 Clover Rd
Unit 24
31095142 43000 Clover Rd
Unit 25
31095143 43000 Clover Rd
Unit 26
31095144 43000 Clover Rd
Unit 27
30717269 802 Pine Meadow
Ct
30717270 806 Pine Meadow
Ct
30717271 812 Pine Meadow
Ct
30717283 819 Pine Meadow
Ct
30717272 822 Pine Meadow
Ct
30717273 826 Pine Meadow
Ct
31147149 370 Starlight
31150125 195 Teakwood
31150137 42772 Castlewood
31147130 409 Glenwood
232846502 42849 Sonoma
30908403 439 Wren
232813603 42072 Snowmass
31094304 1236 Wolf Creek Ct
31094303 1224 Wolf Creek Ct
232833417 154 Mountain Lake
232837421 42677 Cougar Rd
232807209 41814 Golden West
Pl
232820503 42128 Snowmass
30613202 39033 Bayview Ln
31152101 272 Stony Creek
30810124 834 Paine Rd
232801112 223 Alp Ct
311-47131 405 Glenwood
30921514 791 Knight
31151140 189 Stony Creek
232826112 233 Olympic
30608128 38982 Waterview
30929203 203 N Eureka
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
13 14 15 16 17 18 19 20 21 22 23 24 25
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
0 0 0 0
Density Bonus Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y Hold
N Y Hold
N Y Comparable rents for size and
location
N Y Comparable rents for size and
location
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y
N Y Comparable rents
Jurisdiction Big Bear Lake ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Units toDate (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - 2 2 1 -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - 4 5 1 1 1
Above Moderate - - - - - 23 27 27 23 24 124 -
2 - - - - 27 34 30 25 25 141 1
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. -
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
12 Moderate
1 1
-
Please contact HCD if your data is different than the material supplied here 5 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1 -
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very Low
Low
Jurisdiction Big Bear Lake ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very LowIncome Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning MinimumDensity Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of ExistingUses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
Jurisdiction Big Bear Lake
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation H1.1. Adequate Sites and
Elimination of Barriers
Maintain adequate sites to encourage
and facilitate housing development
commensurate with the City’s RHNA
allocation.

Ongoing
Implemented in 2011. There are six properties totaling 9.06 acres zoned for 20/units to the acre, which would give 173 units. Development requests are tracked and monitored to assure facilitation of housing. In 2019, the City adopted an Accessory Dwelling Unit (ADU) ordinance. There have not been any zone changes or reductions in density on these sites.

H2.1 (New Housing
Development for LowerIncome Households)
Development of the 8.74 acres zoned for
20 units/acre. Ongoing
The City responded to inquiries for potenital development of the sites zoned for 20 units/acre for potential multiple housing developments for maximum density. The City co-hosted an event, Let's Talk Workforce Housing, to educate residents and affodable housing developers of these sites and obtain feedback on potential additional sites as well as other avenues and opportunities to assist in encouraging workforce housing. A local community group, Workforce Housing Initiative, has created a financial incentive to encourage full-time rentals of second homes to local employees as a way to secure employee housing.

H2.2 (Acquisition and
Preservation of Existing
Housing for Resale or
Lease)
Preservation of Housing
Beginning with the 2013-
2014 CDBG Grant
allocation year.

The Code Compliance continues to see voluntary compliance of private property owners with removal or reabilitation of derelict residential buildings.

H2.3 (Motel Cabin
Conversions)
Publicize program through City website,
cabin owners, and local realtors Ongoing
The City has responded to potential buyer inquiries regarding motel cabin conversions. The Mountain Homeless Coalition converted a 6-unit motel into 6 very-low income units using Project Homekey Funds. All 6 units house very low income households in 2021.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

H2.4 (First-Time
Homebuyer Program)
Provide mortgage assistance to lowincome first-time homebuyers. Ongoing The City continued to distribute flyers and information publicizing County programs for homebuyer assistance at the public counter, websites, and email to public service organizations which assit low and moderate income households.

H2.5 (Section 8 Rental
Assistance Program)
Make eligible persons aware of the
Section 8 program by publicizing its
availabilty through City information
outlets.

Ongoing
Public inquiries regarding housing programs are directed to the County of San Bernardino Housing Authority for assistance. The City continues to distribute information received from the County regarding Section 8 to local groups which provide services to low and moderate income households. The City's Housing Element Update website contains a direct link to the County's Housing Authority.

H3.1 (Eliminate Regulatory
Barriers to Disabled
Access)
Modify and implement existing
procedures for streamlined review of
requests for reasonable accomination
by November 2013.

By November 2013
The City's Building & Safety staff has received training to understand disabled access regulations and provides free inspections on project sites to identify barriers and review options for compliance. Free inspections are ongoing.

Disabled access modifications are not subject to development standards such as building setbacks.

H3.2 (Review and Update
Development Fees as
Appropriate)
Ensure that development fees are
reasonably related to the cost of
providing service, and that affordable
projects are assisted through reduced
development fees, where feasible.

Each Budget Year The 2021-22 budget was adopted in June 2021 with no increases to development impact fees, effective since July 2013.

H3.3 (Emergency Shelters,
Transitional and
Supportive Housing)
Work with local organizations and
charitable groups to locate a housing
shelter in the City.

Ongoing
The City provides grant funding to DOVES for the provision of tranisitional housing support on an annual basis. Currently, DOVES is the only local service organization which provides transitional housing. Services are provided to battered/abused women and children.

H3.4 (Transitional and
Supportive Housing)
Amend the Development Code in
compliance with SB 2 of 2007.

Amendment of
Development Code
Section 17.25.160 in 2014
The City amended the Development Code in 2012 for compliance with SB 2 and continues to monitor housing laws for required amendments.

H4.1 (Rehabilitation Loans
and/or Grants)
Provide rehabilitation loan or grant
funds Ongoing Rehabilitation of single- or multi-family dwellings has occurred by private ownerson a voluntary basis. 1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

H4.2(a) (Weatherization
Program) Publicize available County programs Initiate publicity campaign2013-2014 The City entered into a Joint Exercise of Powers Agreement with the California Municipal Finance Authority (CMFA) who provide funding through its program administrators for PACE loans which finance energy efficiency, water efficiency and renewable upgrades for residential homes. The program was publicized at the time it was in effect.

H4.3 (Affordable Housing
Ombudsman)
Provide assistance to County staff in
obtaining approvals for housing and
social service projects in Big Bear Lake
as needed.

Ongoing The City continues to act as an ombudsman as needed.

H4.4 (Short-Term Rentals) Permits & inspections of short-term rentals Ongoing The City continues to process permit applications for short-term rentals andinspects on a regular basis.

H5.1 (Access to Fair
Housing Services) Publicize available County programs Ongoing Code Compliance responds to inquiries and compliants and provides information on Fair Housing via phone and email as needed and distributes County flyers when received.

H6.1 (Shelter and Services
for Homeless Persons)
Provide grant funds to local eligible
public service groups that provide
emergency, transitional, and permanent
affordable housing.

Ongoing
The City continued to provide grant funds to DOVES, the only local operator of transitional housing facilities and provider of counseling and job/skills training to abused/battered women and children. In 2019, the City created a Homeless Services Brochures and distributed to the school district and local sheriff's station and public works department (parks). In 2020, the Mountiain Homeless Coalition, using Homekey funds, purchased property for homeless prevention. The project resulted in the rehabilitation of 6 units at 402 Georgia St. and will include the installation of 2 manufactored units as full time rentals for qualifying individuals.

H6.2 (Special Housing
Needs of Persons with
Developmental
Disabilities)
Award Community Development Grant
to local public service programs that
provide housing services to persons
with Developmental Disabilities.

Ongoing
The City provided a grant to the local United States Adaptive Recreation Center (USARC), which funds an outreach coordinator for persons with disabilities.

However, there are no programs which provide housing services to persons with Developmental Disabilities. The City continues to monitor programs.

H7.1 (Reduce Permit Fees
for Energy-Efficient
Construction)
Subsidize permit fees to encourage
energy-efficient construction. Ongoing
Permit fees for Photovoltaic Systems are subject to one small flat fee and the City has created an informational handout for permit submittal requirements solar installation. In 2021, there were 38 permits for PV installation at residences and commercial buildings.
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

H7.2 (Encourage Green
Building Construction)
Green building construction in housing
projects and motel/cabin conversions. Ongoing
The City encourages green building construction by expediting plan checks for green building projects and by applying a flat fee instead of valuation which is common for most permits.

H7.3 (Publicize Local
Utility and Services
Programs)
Expand access to local utility and
service programs that offer energy
efficiency programs and rebates.

Ongoing
Programs are publicized on Fire Protection District and DWP agency websites, and information and brochures, including for Xeriscape Landscape, Native Brush & Shrub, Chipping services, and Defensible Space, and Emergency Evacuation Planning educational materials are provided at City Hall and handed out at community events such as the annual Xeriscape Garden Tour, Bear Valley Electric's Earth Day Expo, and Outdoor Adventure Days.

H7.4 (Support Alternative
Energy Sources)
Develop standards for wind turbines and
solar panels in residential zones. 2014
Since the Development Code does not conflict with the installation of alternative energy structures, the City has not adopted a specific ordinance for standards related to wind turbines and solar panel installation in residential zones. These may be roof-mounted or ground-mounted and remain subject to applicable building structure development standards such as setbacks and height. Plan checks for projects which install alternative energy sources are expedited.

Jurisdiction Big Bear Lake ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Jurisdiction Big Bear Lake ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) Extremely LowIncome+ Very Low-Income+
Low-Income+TOTAL UNITS+
Extremely LowIncome+Very LowIncome+
Low-Income+TOTAL UNITS+
Rehabilitation Activity 6 6 402 Georgia (APN 030903216) by Mountain Homeless Coalition partnership w/SB County Housing Authority
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income 6 6
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government
Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Jurisdiction Big Bear Lake
Reporting Period 2021 (Jan. 1 - Dec. 31)
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Jurisdiction Big Bear Lake
Note: "+" indicates
an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey
contain autocalculation formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
Jurisdiction Big Bear Lake
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 1
36 37
Units by Structure Type Entitled Permitted Completed
SFA 0 8 0
SFD 0 27 24
2 to 4 0 0 0
5+ 0 0 0
ADU 0 2 3
MH 0 0 0
Total 0 37 27
37 37
37 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Jurisdiction Big Bear Lake
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Land Use Assessment $0.00 $0.00 Other
RFP to be released in
Spring 2022; SB2 PG
funded
Public Outreach $3,000.00 $0.00 None Will begin after
consultant is hired
Prepare Land Use Element $18,000.00 $0.00 None Consultant to provide schedule
Prepare Development Code
Amendment $18,000.00 $0.00 None Some DC updates to
begin in Summer 2022
Enivornmental Review $17,000.00 $0.00 None Begins Oct 2022 Public Hearings $9,000.00 $0.00 None Begins March 2023
File Final CEQA $0.00 $0.00 Local
General Fund Begins June 2023
LEAP Invoices & Final Report $0.00 $0.00 Local
General Fund Begins June 2023
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 1
36 37
Current Year
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 0
Non-Deed Restricted 1
24 27

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Other (Please Specify in Notes)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
65,000.00$
Task Status
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
ATTACHMENT 3
General Plan
Annual Progress
Report

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Page 1 ends

Program # Program Description Responsible Party Schedule Current Status Land Use Element
L 1.1.1 Adopt Land Use Map concurrently with the General Plan and update the map as needed through the
General Plan Amendment process.

Planning Division (preparation);
Planning Commission (review
and recommendation); City
Council (adoption)
Adopt in 1999;
maintenance ongoing
Map is current, in GIS format. However, the original General Plan document is a PDF.

L 1.2.1 Revise and adopt amendments to the City's
Development Code, Zoning Map, Village Specific
Plan, sign ordinance and other documents as needed
to ensure conformance of these provisions with the
General Plan.

Planning Division (preparation);
Planning Commission (review
and recommendation); City
Council (adoption)
Commence after General
Plan adoption;
amendment process
completed by 2001
Sign Ordinance adopted November, 2000; Development Code and Zoning Map adopted in 2003. Annual updates made to
incorporate new technology and land uses.

L 1.3.1 Through the development review process, evaluate each new development proposal with respect to the
goals, policies and maps of the General Plan, and
approve a development project only when it can be
found that the project conforms with the General
Plan.

Development Review
Committee, Planning Division,
Planning Commission, City
Council
Ongoing Implemented and ongoing. Some projects have required General Plan amendments.

L 1.4.1 Provide information to other agencies regarding development projects within the City, and provide
comments to those agencies regarding development
projects proposed outside the City, as appropriate.

Planning Division Ongoing Implemented during Development Review (DRC) when project information is distributed to relevant agencies for review and comments. Ongoing.

L 1.4.2 Meet with other agencies as needed to discuss longrange planning issues in the Valley, and take further action as deemed appropriate.

Staff, City Manager, City Council Ongoing Implemented. Ongoing.

L 1.5.1 Pursue annexation of land within unincorporated County "islands" adjacent to Big Bear Lake, in order
to ensure that the lakeshore is developed and
maintained in accordance with City goals and
policies.

Planning Division (initiate
annexation applications);
City Council (approval);
1999 and ongoing Holloway's Marina annexed in 2004. DWP well sites annexed in 2016. Municipal Water District annexation in 2017 to
accommodate fish hatchery.

L 1.5.2 Periodically review the City's sphere of influence to determine whether boundary adjustments are needed
and appropriate.

City Council Ongoing, as needed Reviewed periodically. No further adjustments identified at this time.

L 1.6.1 On the land use map, designate land uses which are appropriate to the natural environment throughout the
planning area in consideration of slopes, drainage
courses, sensitive habitat, natural hazards, availability of infrastructure and compatibility with adjacent uses.

Planning Division (prepare map);
Planning Commission and City
Council (review and adopt)
1999 and ongoing Map adopted 1999. Maintenance and updates ongoing as needed.

L 1.7.1 In the Community Design Element and the
Development Code, adopt standards for transition
areas between potentially incompatible uses, and
apply these standards to new development through
the design review process.

Planning Division (draft
standards): Planning
Commission and City Council
(review and adopt)
1999 - begin drafting
standards; 1999 - adopt
standards by 2001;
Implementation ongoing
Community Design Element adopted 1999. Development Code adopted in 2003 and updates made annually for new uses and clarifications.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

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Big Bear Lake City CouncilMarch 7, 2022

Big Bear Lake City Council
March 7, 2022