CITY COUNCIL
ADJOURNED REGULAR MEETING AGENDA
APRIL 18, 2022
Please note: This Regular City Council Meeting was adjourned from the Regular City Council Meeting that was held on April 4, 2022.
Closed Session: 10:00 am, Training Room, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 Open Session: Immediately Following Closed Session, 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
INTERIM CITY MANAGER JEFF MATHIEU
CITY ATTORNEY STEPHEN DEITSCH
CITY CLERK ERICA STEPHENSON
Please Note: Agenda items may be moved at the discretion of the City Council.
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
1. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957 Title of Position to be filled: City Manager
2. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6 Name of Negotiators: Interim City Manager Jeff Mathieu and City Clerk/Director of Human Resources Erica Stephenson
Name of Organization: Teamsters Local 1932
CITY COUNCIL AGENDA
April 18, 2022 - Page 2
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8
Properties: APN 0309-011-18, 0309-011-19, 0309-011-20, 0309-011-21, 0309-011-26, and 0309-011-31 – Bear Valley Mutual Water Company Properties City Negotiators: Interim City Manager Jeff Mathieu, City Attorney Stephen Deitsch and Director of Public Services Sean Sullivan
Negotiating Party: Bear Valley Mutual Water Co., General Manager George Hanson Under Negotiation: Price & Terms of Payment
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8
Properties: 42630 Moonridge Road, APN 2328-384-26
City Negotiators: Interim City Manager Jeff Mathieu, City Attorney Stephen Deitsch and Director of Public Services Sean Sullivan
Negotiating Party: Berkshire Hathaway HomeServices Properties, Listing Agent Amalia Khachikian Under Negotiation: Price & Terms of Payment
OPEN SESSION - Scheduled to begin at approximately 11:15 am, or soon after conclusion of Closed Session.
JOINT MEETING OF CITY COUNCIL AND PLANNING COMMISION
CALL TO ORDER OF JOINT MEETING
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
ROLL CALL – CITY COUNCIL
ROLL CALL – PLANNING COMMISION
PUBLIC COMMUNICATIONS CONCERNING JOINT MEETING AGENDA
Public comment is permitted at this time only on matters related to Item 1.1 (2021-2029 Housing Element Discussion).
Please note that State law prohibits the City Council/Planning Commission from taking any action on items not listed on the agenda. There is a three-minute maximum time limit when addressing Council/Commission 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.
1. DISCUSSION/ACTION ITEM
1.1 2021-2029 HOUSING ELEMENT DISCUSSION
The City staff will provide an overview of the current status of the 2021-2029 Housing Element. The City Council and Planning Commission will be asked to consider several policy issues including increased residential density, minimum residential density, and permitting for large residential care facilities. Direction is requested in order to pursue zoning amendments in compliance with the State-mandated deadline of October 15, 2022
ADJOURNMENT OF THE JOINT MEETING
CITY COUNCIL AGENDA
April 18, 2022 - Page 3
CONTINUATION OF CITY COUNCIL ADJOURNED REGULAR MEETING
RESULTS OF CITY COUNCIL CLOSED SESSION
PUBLIC COMMUNICATIONS
Public comment is permitted at this time only on 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 (discussion/ action items) will be taken at the time each item is called for discussion.
2. DISCUSSION/ACTION ITEMS
2.1 FY 2021-22 BUDGET REVIEW
The City staff will provide an update on the Fiscal Year 2021-22 budget, anticipated results through June 30, 2022, and projected resources for operations and capital investments. This will establish the baseline for producing the upcoming budget and proposed funding priorities.
2.2 REVIEW OF 5-YEAR CAPITAL REPLACEMENT / IMPROVEMENT PLAN The City staff will provide a project update on items included in the FY 2021-22 adopted capital budget and an updated 5-Year Capital Replacement / Improvement Plan (CIP) through Fiscal Year 2026-27. The 5-Year CIP outlines planned capital projects, cost estimates, and proposed funding sources. The City staff will engage in discussions with the City Council regarding priority of the planned projects, any desired adjustments to the funding schedule of planned projects, and discuss potential items for inclusion in the updated 5-Year Capital Replacement / Improvement Program to be adopted as part of the FY 2022-23 budget process.
2.3 POTENTIAL TRANSIENT OCCUPANCY TAX INCREASE
City Council will engage in further discussion regarding the possible scheduling of a November 2022 ballot measure to increase the transient occupancy tax (TOT) rate in the City of Big Bear Lake. The City’s current TOT rate is 8%. Overnight visitors also pay a 3% Tourism Business Improvement District assessment bringing the total cost paid by overnight visitors to 11%. A planned ballot measure to increase TOT was withdrawn from the November 2020 ballot in response to the impact of the COVID-19 pandemic. City Council will engage in discussion regarding potential funding opportunities and provide direction to City staff to either develop a ballot measure for voter consideration in November or allow TOT to remain at 8%.
3. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
3.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
3.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
ADJOURNMENT
CITY COUNCIL AGENDA
April 18, 2022 - Page 4
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 14th day of April 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.
MEETING
DATE: April 18, 2022
TO: Honorable Mayor and Members of the City Council and Planning Commission THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sue O’Strander, Director of Community Development Ruth Lorentz, Contract Planner
SUBJECT: Status of 2021-2029 Housing Element and Required Implementation
BACKGROUND
The Housing Element is a State-mandated element of the General Plan, which must be updated every eight years and certified by the State Department of Housing and Community Development (HCD). The 6th cycle Housing Element covers the period 2021-2029.
As part of the Housing Element review process, HCD must review adopted Housing Elements and issue opinions regarding their compliance with State law. A finding of compliance by HCD is referred to as “certification” of the Housing Element. Certification is important to enhance cities’ eligibility for grant funds and to support local land use authority. The City adopted the 2021-2029 Housing Element on December 6, 2021, and submitted it to HCD for review. A copy of the adopted Housing Element can be accessed on the city’s website at:
www.citybigbearlake.com/housingelement.
Certification Status
On March 11, 2022, the City received a letter from HCD concluding that the Housing Element requires additional revisions and therefore remains out of compliance (not certified). Housing Elements for SCAG cities were due on October 15, 2021 with a certification deadline of 120 days, or February 13, 2022. For perspective, as of April 7, 2022, only 7 jurisdictions out of 197 in the SCAG region have been certified.
HCD’s letter (attached) comments on Big Bear Lake’s Housing Element, and primarily focuses on four areas that require further action, including:
• Evaluate how the City is meeting housing needs of special needs populations and remove constraints;
• Assess how the City affirmatively furthers fair housing (known as AFFH) in step with the State’s guidance;
• Remove constraints and clarify the minimum density for the 6 parcels (previously identified in the City’s 5th cycle Housing Element) which allow a density of 20 units to the acre; and
• Provide more information on the public participation process.
Housing Element Joint Study Session
April 18, 2022
The needed revisions must be made to the Housing Element for re-adoption and, eventually, subsequent State certification.
Implementation Requirement
Since the City’s Housing Element was not certified by February 13, 2022, State law now requires the City to make necessary zoning changes by October 15, 2022. This means that several areas of the Development Code must be amended in order to comply with state law, including rezoning to provide adequate capacity for the City’s Regional Housing Needs Assessment (RHNA), specifically:
• Remove the 2-acre minimum size standard for the 20 unit/acre parcels; • Establish a minimum and a maximum density range for the 20 unit/acre parcels, which may be included under a new R-4 zone district;
• remove constraints related to large residential care homes.
Other amendments include those related to several required programs in the Housing Element.
These are more straight-forward and are mentioned for information only. The details of these will be presented as part of the formal zone amendment hearings, anticipated for late Summer/early Fall:
• Comply with the maximum parking standards for Emergency Shelters and define and allow Low Barrier Navigation;
• Establish procedures for disability related reasonable accommodation requests; • Update definitions for transitional and supportive housing and regulations for supporting housing;
• Establish objective design standards for affordable housing developments; • Create standards for reasonable accommodations for people with disabilities.
The adopted 2021-2029 Housing Element will need to be amended, and a Development Code Amendment will be processed concurrently to address HCD’s comments.
DISCUSSION
The 2021-2029 RHNA allocation assigned to the City of Big Bear Lake is 212 units and consists of:
50 very-low-income units
33 low-income units
37 moderate-income units
92 above-moderate-income units
The City must demonstrate that there are sufficient residential sites (vacant or underutilized) to accommodate the City’s RHNA share. A summary of residential sites is provided in Figure 1 below. (This figure corresponds to Table B-1 of Appendix B of the 2021-2029 Housing Element.) The site inventory must yield enough sites to provide housing for the 83 very-low and low-income units. State law establishes a “default density” of 20 units/acre that is assumed to be appropriate for lower-income housing in small cities such as Big Bear Lake.
Housing Element Joint Study Session
April 18, 2022
Figure 1: Residential Sites Inventory
Income Category
Very Total
Low Low Moderate AboveModerate
Approved or pending projects 8 12 20
Vacant sites 50 35 34 1,000+ 1,120
Potential ADUs 3 6 6 1 16
TOTAL 61 41 40 1,013 1,156
RHNA (2021-2029) 50 33 37 92 212
Adequate sites? Yes Yes Yes Yes Yes
Source: City of Big Bear Lake Community Development Dept., 2021 While the vacant sites are sufficient to provide higher density multiple family development, these are zoned R-3, which currently allows for a maximum of 12 units per acre.
Remove Minimum Lot Size Standard for Higher Density Sites In the previous Housing
Element (2013-2021), six
vacant parcels were identified
for development with a
minimum density of 20 units
per acre. (seeFigure 2)
HCD believes these 6 parcels
allows a range of 12 to 20 units
per acre, rather than a
minimum density of 20
units/acre. The State is
concerned about this
discrepancy, as it may result in
projects with a lower density
which will not benefit lowerincome households, and
reduce the inventory available
for lower-income RHNA.
A further complication is that
to qualify for the 20 unit
density, the sites must measure
2 acres in size. Some parcels
are not quite 2-acres in size,
and the previous Housing
Element policy thought the
adjacency to each other would
Figure 2: Large Vacant, R-3 parcels at 20 units/acre
Housing Element Joint Study Session
April 18, 2022
encourage consolidation of lots, in order to benefit from the 20 unit/acre density. As the lot consolidation has not occurred, HCD sees the current minimum size standard as a land use constraint to providing lower income housing.
Increase Density to Accommodate RHNA
One simple solution is to establish a new high density multiple residential zone for these parcels, establish a minimum and maximum density range, and remove the lot size standard to avoid the need for consolidation. For example, create an R-4 zone district, which would clarify a minimum density of 20 units/acre. However, since HCD has stated that a range of density is preferred staff suggests a maximum density of at least 24 units/acre. Figure 3 illustrates the total possible densities that may be achieved, including with the maximum possible density bonus for affordable housing projects that meet the State’s minimum criteria:
Figure 3: Minimum/Maximum Density for New R-4 Zone
APN Address Size
(AC)
20 Units/Acre
24 Units/Acre
Max Density
Bonus (36)
31141113 390 Starvation Flats 1.50 30 36 54
31141117 0 Starvation Flats 1.04 20 24 37
31142102 0 Starvation Flats 1.51 30 36 54
31142103 0 Starvation Flats 1.02 20 24 37
31142139 360 Starvation Flats 0.99 19 23 35
232830125 42326 Moonridge Rd 3 60 72 108
TOTAL 9.06 179 215 325
Staff seeks City Council and Planning Commission direction and input this strategy. We are also seeking input and direction on the other primary item of concern, related to large residential care homes.
Large Residential Care Facilities
State law has long required cities to allow state-licensed residential care facilities for 6 or fewer persons as a residential use with no additional requirements or permits that are not required of other residential uses in the same zone. State law does not impose similar limitations on local regulation of larger care facilities serving more than 6 persons, and most cities typically require a Conditional Use Permit (CUP) for large residential care facilities. In its review letter, HCD states that the CUP requirement for large residential care facilities is a constraint on persons with disabilities that should be replaced with a simple process that allows such facilities by-right with no public hearing. A commitment to replace the CUP requirement with a simple process based on objective standards would address HCD’s concern and enhance the likelihood of Housing Element certification. Alternatively, the Council and Commission may wish to retain the current requirement for CUPs.
Housing Element Joint Study Session
April 18, 2022
PUBLIC OUTREACH & INPUT
A courtesy notice of this meeting has been provided to the contacts that have been added to the City’s Housing Element contact list, as well as to the property owners of the 6 parcels which are the subject of the possible zoning and density changes. Due to the tight schedule and short notice, the property owners were provided with an overnight mailer and map of the subject parcels (in Figure 2 of this report). As of the writing of this report, no correspondence has been received.
NEXT STEPS
Should the City Council and Planning Commission support amending the zoning and density for these parcels, staff will prepare a Development Code Amendment and General Plan (Land Use) Amendment and bring a draft through the public hearing process. The project would not be exempt from California Environmental Quality Act (CEQA) and will likely require a Negative Declaration. In order to meet statutory deadlines of October 15, 2022, staff is under a tight schedule. The following public hearing dates are tentatively anticipated for this project:
• Planning Commission July 20, 2022 (Tentative)
• City Council (1st Reading) August 15, 2022 (Tentative) • City Council (2nd Reading) September 19, 2022 (Tentative)
ATTACHMENTS
1. HCD Draft Review Letter, dated March 11, 2022
2. Housing-Related State Laws and Proposed Code Amendments ATTACHMENT 1
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Frank A. Rush, Jr., City Manager
City of Big Bear Lake
39707 Big Bear Blvd.
Big Bear Lake, CA 92315
Dear Frank A. Rush, Jr.:
RE: Big Bear Lake 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Big Bear Lake’s (City) housing element adopted December 6, 2021 and received for review on December 13, 2021. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The adopted housing element addresses some statutory requirements described in HCD’s September 30, 2021 letter; however, additional revisions are necessary to fully comply with State Housing Element Law (Article 10.6 of the Gov. Code), see enclosed Appendix. The element will meet the statutory requirements of State Housing Element Law once it has been revised and re-adopted to comply with the above requirements.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.
March 11, 2022
Frank A. Rush, Jr., City Manager
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Divya Sen, of our staff, at [email protected].
Sincerely,
Melinda Coy
Senior Housing Accountability Manager
Enclosure
Big Bear Lake 6th Cycle Adopted Housing Element Page 3
March 11, 2022
APPENDIX
CITY OF BIG BEAR LAKE
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
The element did not address this finding. While the element includes some updated program information related to two special needs programs, it did not evaluate the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers and persons experiencing homelessness).
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Enforcement and Outreach: While the element includes fair housing outreach and issues identified by the public (p. V-17), it should also describe fair housing services.
The element must include a description of fair housing enforcement and outreach capacity as it relates to the ability of the City and fair housing entities to disseminate information related to fair housing.
Integration and Segregation: While the element includes some data on racial groups and persons with disabilities (p. V-18) at the local level, it must include a complete analysis of segregation and integration on race, familial status, income, and persons with disabilities locally and regionally complemented by data and concluding with a summary of issues. The element must discuss and analyze this data for trends over time and include local and regionally data and knowledge to in this analysis.
Racial/Ethnic Areas of Concentration of Poverty: The element includes some data and analysis on R/ECAP (p. V-18) but no regional data or analysis on concentrated areas Big Bear Lake 6th Cycle Adopted Housing Element Page 4
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of affluence. The element should also be revised to include local and regional data on R/ECAP and areas of affluence and analyze this data for trends and patterns.
Access to Opportunity: While the element includes a general analysis of access to opportunity (p. V-19), a complete analysis should include the locally and regional disparities of the educational, environmental, transportation, and economic scores through local, federal, and/or state data. Please refer to page 35 of the affirmatively furthering fair housing (AFFH) guidebook https://www.hcd.ca.gov/communitydevelopment/affh/index.shtml#guidance for specific factors that should be considered when analyzing access to opportunities as it pertains to educational, employment, environmental, transportation, and any factors that are unique to Big Bear Lake.
Disproportionate Housing Needs and Displacement Risk: The element includes some local data and analysis on displacement (p. V-19) but should also include analysis at a local and regional level for cost-burdened, overcrowded households, substandard housing, homelessness, and displacement. In addition, the analysis must address patterns and trends, and other local knowledge.
Local Data and Knowledge, and Other Relevant Factors: The element does not address this requirement. The element must include local data, knowledge, and other relevant factors to discuss and analyze any unique attributes about the City related to fair housing issues. The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates and service providers. Also, the element must include other relevant factors that contribute to fair housing issues in the jurisdiction. For instance, the element can analyze historical land use and investment practices or other information and demographic trends.
Contributing Factors to Fair Housing Issues: The element identifies contributing factors to fair housing issues (p. V-19) but should prioritize factors and identify contributing factors from the analysis also. Contributing factors create, contribute to, perpetuate, or increase the severity of fair housing issues and are fundamental to adequate goals and actions. Examples include community opposition to affordable housing, housing discrimination, land use and zoning laws, lack of regional cooperation, location and type or lack of affordable housing and lack of public or private investment in areas of opportunity or affordable housing choices. The analysis shall result in strategic approaches to inform and connect goals and actions to mitigate contributing factors to affordable housing.
Site Inventory: The element must include an analysis demonstrating whether sites identified to meet the Regional Housing Needs Allocation (RHNA) are distributed throughout the community in a manner with AFFH. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that effects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to mitigate this (e.g., anti-displacement strategies).
Big Bear Lake 6th Cycle Adopted Housing Element Page 5
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Goals, Priorities, Metrics, and Milestones: Goals and actions must create meaningful impact to overcome contributing factors to fair housing issues. Currently, programs are not sufficient to facilitate meaningful change and address AFFH requirements. Based on the outcomes of a complete analysis, the element must be revised to add or modify goals and actions. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have metrics and milestones as appropriate and address housing mobility enhancement, new housing choices and affordability in high opportunity areas, placebased strategies for community preservation and revitalization and displacement protection.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Zoning for Lower-Income Households: The element did not address this requirement.
In communication with the City, it is HCD’s understanding that sites listed in Table B-4 (p. B-6), which has a density of 20 units/acre is permitted on all of these parcels regardless of whether individual parcels are larger or smaller than two acres. However, the element still states the allowable density for multi-family projects is either 12 or 20 units per acre depending on parcel size and parcels smaller than two acres allow a density of 12 units/acre while larger parcels of at least two acres allow a density of 20 units/acre (p. B-2). The element must either be updated to be consistent with this information or provide the analysis described in HCD’s September 30, 2021 review.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).)
Land-Use Controls: While the element clarified R-3 zone allows 12 to 20 units per acre for lots of at least two acres (p.V-1), it must analyze the two-acre requirement as a constraint to achieve the capacities assumed in the inventory. Furthermore, the element must identify and analyze all relevant land-use controls impacts as potential Big Bear Lake 6th Cycle Adopted Housing Element Page 6
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constraints on a variety of housing types. The analysis should analyze land-use controls independently and cumulatively with other land-use controls. The analysis should address any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities and include programs to address identified constraints
Constraints on Housing for Persons with Disabilities: While the element includes Program H6-B to create reasonable accommodation procedures, the element still states that residential care facilitates serving seven or more persons is subject to a conditional use permit (CUP) while facilities serving six or few persons are allowed by right in all zones that allow residential uses. The element should analyze the process as a potential constraint on housing for persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty.
4. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).)
Developed Densities and Permit Times: The element did not address this requirement.
The element must be revised to include analysis of requests to develop housing at densities below those anticipated, and the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need.
The element must also include a description of any program(s) that mitigate nongovernmental constraints that create a gap in the jurisdictions ability to meet RHNA by income category (Gov. Code, § 65583.2, subd. (c)(3).).
5. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
The element did not address this requirement. While the element quantifies the City’s special needs populations, it must also analyze their special housing needs. For a complete analysis of each population group, the element should discuss challenges faced by the population, the existing resources to meet those needs (e.g., availability of senior housing units, number of large units, number of deed restricted units, etc.), an Big Bear Lake 6th Cycle Adopted Housing Element Page 7
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assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.
6. Analyze existing assisted housing developments that are eligible to change to non-lowincome housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).).
While the element identifies the Mountain Meadows Senior Housing as at-risk, it should also include information relating to the project address and the type of government assistance received.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs that still require revision include the following:
• Program H2-C (First-Time Homebuyer Program) and Program H2-D (Affordable Housing Programs): Provide information on how and when information will be disseminated and quantify the number of households expected to be assisted by these programs.
• Program H4-B (Housing Repair and Rehabilitation Program): Quantify the number of homeowners that will be assisted by this program. • Program H5-1 (AFFH): Describe when the website updates will occur.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built Big Bear Lake 6th Cycle Adopted Housing Element Page 8
March 11, 2022
housing, mobilehomes, housing for agricultural employees, supportive housing, singleroom occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B2, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B3 the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete analysis of AFFH. Based on the outcomes of that analysis, the element must add or modify programs.
D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the element includes some updated information on public participation (p. Appendix C), the element must still describe how all economic segments were involved, specifically lower-income households and special needs group. The element could describe the efforts to circulate the housing element among low- and moderate-income households and organizations that represent them and to involve such groups and persons in the element throughout the process. In addition, the element should also summarize the public comments and describe how they were considered and incorporated into the element.
ATTACHMENT 2
1 Housing-Related State Laws and Proposed Code Amendments Big Bear Lake
3/29/2022
Topic/
Housing Element Program
Municipal Code
Sec. State Requirements Proposed Revision
Adequate Sites to
Accommodate the RHNA
(Program H1-A & H1-B)
Chapter 17.25 Cities are required to demonstrate that zoning provides sufficient capacity to accommodate the RHNA allocation.
The proposed amendment will create a new Multiple Family Zone with a minimum density of 20 units/acre and a maximum density of at least 24 units/acre.
Affordable Housing Incentives
(Program H2-G)
Chapter 17.25 The City must incentivize affordable housing development on vacant sites identified in prior planning periods by allowing byright approval for developments that include at least 20% of units affordable to lower-income households.
Government Code § 65583.2(c)
(This duplicates other by-right approval requirements for the R4 parcels)
Emergency Shelters & Low
Barrier Navigation Centers
(Program H3-B)
Chapter 17.25 Emergency shelters. State law [Govt Code 65583(a)(4)] was amended in 2019 (AB 139) to limit parking requirements for emergency shelters to sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
Low Barrier Navigation Centers. AB 101 (2019) requires
qualifying facilities to be permitted by-right in areas zoned for mixed use and nonresidential zones permitting multifamily uses [Govt Code 65660 et seq.]
Revise parking requirements for emergency shelters.
Add regulations for low barrier navigation centers
Transitional and Supportive
Housing
(Program H3-C)
Chapter 17.03 and
Chapter 17.25
State law [Govt Code 65583(c)(3)] requires that cities allow transitional and supportive housing as residential uses subject only to the same standards and procedures as apply to other residential dwellings of the same type in the same zone.
AB 2162 (effective 1/1/2019) requires that supportive housing be considered a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed development meets specified criteria for affordability, long-term deed restrictions, use providing supportive services and other design requirements (Govt Code 65584(c)(3)).
Update definitions for transitional and supportive housing and regulations for supportive housing.
Amend regulations for supportive housing
Reasonable Accommodation
(Program H6-B)
Chapter 17.25 Fair housing law requires that cities provide reasonable accommodation to rules, policies, practices, and procedures Code amendment to establish procedures for processing
requests for reasonable accommodation in land use and
2 Topic/
Housing Element Program
Municipal Code
Sec. State Requirements Proposed Revision
where such accommodation may be necessary to afford
individuals with disabilities equal housing opportunities. While fair housing laws intend that all people have equal access to housing, the law also recognizes that people with disabilities may need extra tools to achieve equality. Reasonable
accommodation is one of the tools intended to further housing opportunities for people with disabilities. Reasonable
accommodation provides a means of requesting from the
local government flexibility in the application of land use and zoning regulations or, in some instances, even a waiver of certain restrictions or requirements because it is necessary to achieve equal access to housing. Cities are required to consider requests for accommodations related to housing for people with disabilities and provide the accommodation when it is determined to be “reasonable” based on fair housing laws and the case law interpreting the statutes. The City will process an amendment to the Municipal Code in 2022 to
establish procedures for processing requests for reasonable accommodation in land use and zoning regulations for people with disabilities in conformance with State law.
zoning regulations for people with disabilities in
conformance with State law
MEETING
DATE: April 18, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Kelly Ent, Director of Administrative Services
SUBJECT: Fiscal Year 2021-22 Budget Review
BACKGROUND
On June 8, 2021, the City Council adopted the Fiscal Year 2021-22 budget. As we approach the end of the fiscal year and prepare the budget for the coming year, a presentation will be provided on the status of major revenues and projected fund balances through June 30.
DISCUSSION
The City’s fiscal status across all funds remains solid with sufficient resources to provide continuity of services and investments in capital improvements and infrastructure. The budget update will provide an overview of the City’s operating funds, major revenues, and anticipated available fund balances. These projections serve as the basis for development of the Fiscal Year 2022-23 budget as well as the 5-Year Capital Replacement / Improvement Plan (CIP) through Fiscal Year 2026-27. As we prepare the budget for the coming year, feedback from today’s meeting will enable us to produce a proposed budget which incorporates City Council priorities.
FISCAL IMPACT
There is no fiscal impact to receive this presentation and engage in discussion regarding the current adopted budget and development of the Fiscal Year 2022-23 budget document and 5-Year CIP.
ENVIRONMENTAL CONSIDERATIONS
None requiring review under California Environmental Quality Act.
RECOMMENDATION
It is recommended that the City Council receive a presentation on the status of the Fiscal Year 2021-22 budget and anticipated results through June 30, 2022.
MEETING
DATE: April 18, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Kelly Ent, Director of Administrative Services
Sean Sullivan, Director of Public Services
SUBJECT: Review of 5-Year Capital Replacement / Improvement Plan
BACKGROUND
In June 2021, as a part of the Fiscal Year 2021-22 Budget Adoption, the City Council also adopted a 5-Year Capital Improvement Program (CIP). The CIP outlines a plan for the next five (5) years related to replacement of capital assets, such as vehicles and equipment, as well as construction and improvement projects related to the City’s physical infrastructure. The approved program includes forty-six (46) different initiatives or projects with a total anticipated budget of approximately $36,300,000 through Fiscal Year 2025-26.
At this time, staff has made considerable progress on the projects designated for Fiscal Year 2021- 22 and will provide an update presentation on their status. Additionally, staff has been working to prepare an update to the 5-Year CIP for the period through Fiscal Year 2026-27. This updated CIP includes a continuation of the existing initiatives, the addition of new initiatives, and some adjustments to the overall schedule for implementation of these project. The presentation will include the opportunity for discussion to ensure that the Capital Improvement Program that will be brought for approval with the Annual Budget is reflective of the City Council’s priorities.
DISCUSSION
FY 2021-22 Capital Improvement Program
The portion of the approved Capital Improvement Program (CIP) budget for FY 2021-22 includes thirty (30) initiatives with a total budget of approximately $20,300,000. Work is well underway on the implementation of the CIP for this year and attached to this report is a status report providing an update on each of the projects. Some of the projects are already completed and the remaining projects will be completed either within the 2021-22 Fiscal Year or the Summer 2022 construction season. Finally, a couple of the projects have been deferred to a future year due to staff capacity or will be revisited as a part of the discussion of future years projects. Staffs presentation and discussion will review the status of the current projects.
Future Year’s Capital Improvement Program
The Five-Year CIP is a continual and evolving look at the priorities of the City for a five-year period, on a revolving basis. As the first year, Fiscal Year 2021-22, is nearing completion, staff has worked to develop a continuation of this process through a new Five-Year CIP to capture the period from Fiscal Year 2022-23 through Fiscal Year 2026-27. Included for your review and discussion is a proposed capital improvement program for this period.
The proposed Five-Year Capital Improvement Program for FY 2022-23 through FY 2026-27 includes thirty-nine (39) named projects or initiatives in the areas of streets, facilities, trails and parks, sanitation, and equipment and vehicles. The total funding requested to implement this capital improvement plan is approximately $22,489,000 which is identified, by year and funding source, within the proposed plan. The funding for this plan is based upon available resources and the typical conservative budgeting approach of the City. This plan will be included for adoption with the Annual Budget and will not diminish the needed resources to deliver the expected programs and services of the City.
Staff will review these capital improvement items, including a discussion of identified but unfunded projects, as a part of the workshop discussion. The goal will be to receive feedback from the Council regarding the proposed plans. Some of the feedback to be desired includes whether these are still the current priorities of the Council, are the project budgets and timelines consistent with the Council’s expectations, and are there other things that should be prioritized that are not.
FISCAL IMPACT
The 5-Year CIP was approved as a part of the Fiscal Year 2021-22 Budget Adoption and the projects are funded as based upon the approval. The proposed 5-Year CIP for Fiscal Year 2022- 23 through Fiscal Year 2026-27 includes a funding plan based upon available and projected resources.
ENVIRONMENTAL CONSIDERATIONS
There is no environmental review associated with this report. Each project will require environmental considerations as the project is implemented.
RECOMMENDATION
It is recommended that the City Council review and file the report and presentation from staff relative to the current and proposed 5-Year Capital Improvement Program. It is also recommended that the City Council provide feedback and direction to staff on the proposed project plans as the final 5-Year CIP is prepared for adoption.
ATTACHMENTS
1. Fiscal Year 2021-22 CIP Status Update Worksheet
2. Proposed 5-Year CIP for Fiscal Year 2022-23 through Fiscal Year 2026-27 ATTACHMENT 1
FY 2021/22 Capital Improvement Project
Status Report
Project Title FY 2021/22
Budget
Project Status Anticipated
Completion
Annual Street Rehabilitation $ 1,400,000 Complete October 2021 Moonridge Road Realignment/Roundabouts $ 9,018,280 Work Resuming April 18, 2022 October 2022 Annual Crack Seal of City Streets $ 100,000 Carryover to following fiscal year. - Annual Citywide Line Striping $ 50,000 Contract Awarded on April 4, 2022 June 2022 Castle Rock Trailhead Parking Lot $ 860,400 Environmental Clearance Effort ongoing.
Construction effort will likely commence in Spring
2023
Summer 2023
Castle Rock Trailhead Parking Lot Restroom $ 250,000 To be coordinated with completion, or shortly after, of Castle Rock Parking Lot.
Summer 2023
Electric Vehicle Charging Stations $ 125,000 Anticipate installation of charging stations in May May 2022 Civic Center East Sidewalk Heater $ 85,000 Complete December 2021 Animal Shelter Improvements $ 80,000 Work underway June 2022 Performing Arts Center Restroom
Improvements
$ 133,275 Deferred to FY 2022/23 budget year. To be
considered with enhanced budget.
June 2023
Civic Center Server Upgrade $ 35,000 Project Complete October 2021 Citywide Refinishing of Existing Wood
Structures
$ 40,000 Carryover to following fiscal year June 2022
Install Training Room Broadcast Equipment $ 100,000 Deferred - Awaiting potential grant funding - Integrate PAC Equipment for Meeting
Broadcast
$ 200,000 Deferred - Awaiting potential grant funding - Demolition of 808 Iris Drive $ 85,000 Work commenced on April 11, 2022 May 2022 Rotary Pine Knot Park Furniture
Replacement
$ 76,550 Furniture pending delivery in April 2022. May 2022 Rotary Pine Knot Park Lighting $ 85,000 Contractor to commence work on May 9. June 2022 Rotary Pine Knot Park Fence Replacement $ 60,000 Contractor to commence work on April 25 June 2022 Park Development – Village Urban Plaza $ 2,980,000 Grant not awarded, project deferred to unfunded list - Park Development – Lakefront Park $ 2,990,000 Grant not awarded, project deferred to unfunded list - Stanfield Cutoff Restroom $ 250,000 Restroom being fabricated; installation August 2022. Site preparations to commence June/July
August 2022
FY 2021/22 Capital Improvement Project
Status Report
Project Title FY 2021/22
Budget
Project Status Anticipated
Completion
Village Wayfinding Signs $ 100,000 Remaining signposts pending final fabrication, installation to resume in Spring.
August 2022
Sanitary Sewer Manholes to Grade $ 100,000 Work to commence in June July 2022 Sanitary Sewer Cured-in-place-pipe (CIPP) $ 125,000 Consideration of Contract Award on May 2, 2022 Summer 2022 Generator and Automatic Transfer Switch
Replacement
$ 75,000 Delivery of generator delayed to Fall 2022 Fall 2022 Wet Well Rehabilitation $ 70,000 Carryover to following fiscal year Summer 2022 Inflow and Infiltration Reduction Project $ 110,750 Carryover to following fiscal year Summer 2022 Sanitation Vactor Replacement $ 496,500 Anticipated Vehicle Delivery June 2022 June 2022 Vehicle Replacements $ 150,000 Complete - Vehicles delivered in March 2022 March 2022 Vehicle Acquisitions $ 100,000 Vehicles on order, delivery anticipated April April 2022 FISCAL YEAR 2021/22 Total $ 20,330,755
ATTACHMENT 2
City of Big Bear Lake
5-Year Capital Replacement / Improvement Plan (CIP) Fiscal Year 2022-23 through 2026-27 No. Project Name 22/23 23/24 24/25 25/26 26/27 5-Year Total
STREETS
A.1 Annual Street Rehabilitation $ 1,400,000 $ 1,400,000 $ 1,400,000 $ 1,400,000 $ 1,400,000 $ 7,000,000A.2 Annual Crack Seal of City Streets $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 500,000A.3 Annual Citywide Line Striping $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 250,000A.4 Street Improvements - Adjacent to Moonridge Corridor $ 400,000 $ - $ - $ - $ - $ 400,000A.5 Drainage Improvements - Fir Avenue; Moonridge to Rathbun $ 225,000 $ - $ - $ - $ - $ 225,000 $ 2,175,000 $ 1,550,000 $ 1,550,000 $ 1,550,000 $ 1,550,000 $ 8,375,000 Proposed FundingGeneral Fund $ 781,000 $ 763,100 $ 744,800 $ 724,800 $ 705,200 $ 3,718,900Sanitation Fund $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 1,250,000Measure I - Local $ 409,900 $ 424,300 $ 439,200 $ 454,400 $ 470,400 $ 2,198,200RMRA $ 109,100 $ 112,600 $ 116,000 $ 120,800 $ 124,400 $ 582,900Measure Y TOT $ 625,000 $ - $ - $ - $ - $ 625,000 $ 2,175,000 $ 1,550,000 $ 1,550,000 $ 1,550,000 $ 1,550,000 $ 8,375,000
FACILITIES
B.1 Civic Center Fire Alarm Upgrade $ 35,000 $ - $ - $ - $ - $ 35,000B.2 Performing Arts Center Restroom Improvements $ 256,567 $ - $ - $ - $ - $ 256,567B.3 Citywide Refinishing of Existing Wood Structures $ 40,000 $ 40,000 $ 40,000 $ 40,000 $ 40,000 $ 200,000B.4 Install Training Room Broadcast Equipment $ 100,000 $ - $ - $ - $ - $ 100,000B.5 Integrate PAC Equipment for Live Meeting Broadcast $ 200,000 $ - $ - $ - $ - $ 200,000B.6 Bartlett Parking Lot Lighting Upgrades $ - $ - $ 393,750 $ - $ - $ 393,750B.7 Rathbun Creek Trail / Moonridge Corridor Restroom $ 600,000 $ - $ - $ - $ - $ 600,000B.8 Village Drive and Stocker Road Sidewalk Improvements $ - $ - $ 275,000 $ - $ - $ 275,000B.9 Citywide Sidewalk Repair and Replacement $ 100,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 300,000 B.10 Civic Center Roof Replacement $ 350,000 $ - $ - $ - $ - $ 350,000B.11 Civic Center Generator & ATS Replacement $ 335,000 $ - $ - $ - $ - $ 335,000B.12 Christmas Tree Lot Improvements - Concept/Predesign $ 150,000 $ - $ - $ - $ - $ 150,000B.13 Performing Arts Center Drainage Improvements - Design $ 75,000 $ - $ - $ - $ - $ 75,000 $ 2,241,567 $ 90,000 $ 758,750 $ 90,000 $ 90,000 $ 3,270,317 Proposed FundingGeneral Fund $ 935,000 $ 90,000 $ 90,000 $ 90,000 $ 90,000 $ 1,295,000Measure Y TOT $ 550,000 $ - $ 668,750 $ - $ - $ 1,218,750Development Impact Fees - Parkland $ 200,000 $ - $ - $ - $ - $ 200,000Community Development Block Grant $ 256,567 $ - $ - $ - $ - $ 256,567PEG Access Fund $ 300,000 $ - $ - $ - $ - $ 300,000 $ 2,241,567 $ 90,000 $ 758,750 $ 90,000 $ 90,000 $ 3,270,317
FISCAL YEAR
FY 22/23 - 26/27 CIP Month DD, YYYY Draft 2
No. Project Name 22/23 23/24 24/25 25/26 26/27 5-Year Total
FISCAL YEAR
TRAILS/PARKS
C.1 Boulder Bay Park Walkway Improvements $ - $ 189,550 $ - $ - $ - $ 189,550C.2 Boulder Bay Park Concrete Curb $ - $ 56,000 $ - $ - $ - $ 56,000C.3 Veteran's Park Parking Lot Lighting $ - $ - $ 165,000 $ - $ - $ 165,000C.4 Gazebo at Boulder Bay Park $ - $ - $ 150,000 $ - $ - $ 150,000C.5 Rathbun Creek Trail Phase 3 $ - $ - $ 1,636,600 $ - $ - $ 1,636,600C.6 SMORE Trail Part I $ 398,772 $ - $ - $ - $ - $ 398,772C.7 Rathbun Creek Trail Head Restroom and Parking Lot $ - $ - $ - $ 660,000 $ - $ 660,000C.8 SMORE Trail Part II - Division Creek $ - $ 610,000 $ - $ - $ - $ 610,000C.9 Stanfield Boardwalk Improvements $ 1,000,000 $ - $ - $ - $ - $ 1,000,000 C.10 Rathbun Creek Trail Segment 2 $ - $ - $ - $ - $ 1,200,000 $ 1,200,000C.11 Knickerbocker Channel Fence Replacement $ 75,000 $ - $ - $ - $ - $ 75,000C.12 SMORE Park Concepts $ 100,000 $ - $ - $ - $ - $ 100,000 $ 1,573,772 $ 855,550 $ 1,951,600 $ 660,000 $ 1,200,000 $ 6,240,922 Proposed FundingMeasure Y TOT $ - $ 211,562 $ 315,000 $ - $ - $ 526,562CDBG $ - $ 33,988 $ - $ - $ - $ 33,988Measure Y TOT $ 742,384 $ 610,000 $ 1,636,600 $ 660,000 $ 1,200,000 $ 4,848,984MWD Contribution $ 500,000 $ - $ - $ - $ - $ 500,000EEM Grant $ 331,388 $ - $ - $ - $ - $ 331,388 $ 1,573,772 $ 855,550 $ 1,951,600 $ 660,000 $ 1,200,000 $ 6,240,922
SANITATION
D.1 Sanitary Sewer Cured-in-Place Pipe (CIPP) $ 125,000 $ 125,000 $ 125,000 $ 125,000 $ 125,000 $ 625,000D.2 Generator and Automatic Transfer Switch (ATS) Replacement $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 375,000D.3 Wet Well Rehabilitation $ 70,000 $ 70,000 $ 70,000 $ 70,000 $ 70,000 $ 350,000D.4 Inflow and Infiltration Reduction Project $ 110,750 $ 110,750 $ 110,750 $ 110,750 $ 110,750 $ 553,750D.5 Jay Bird Lane Sanitary Sewer Main Replacement $ 500,000 $ - $ - $ - $ - $ 500,000D.6 System Master Plan and Mapping $ 450,000 $ - $ - $ - $ - $ 450,000 $ 1,330,750 $ 380,750 $ 380,750 $ 380,750 $ 380,750 $ 2,853,750 Proposed FundingSanitation Fund $ 1,330,750 $ 380,750 $ 380,750 $ 380,750 $ 380,750 $ 2,853,750 $ 1,330,750 $ 380,750 $ 380,750 $ 380,750 $ 380,750 $ 2,853,750
EQUIPMENT AND VEHICLES
E.1 Vehicle Replacements $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 750,000E.2 Vehicle Acquisitions $ - $ - $ - $ - $ - $ - E.3 Heavy Equipment $ 400,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 1,000,000 $ 550,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 1,750,000 Proposed FundingGeneral Fund $ 491,508 $ 250,000 $ 300,000 $ 300,000 $ 300,000 $ 1,641,508General Fund Vehicle Reserve $ 8,492 $ - $ - $ - $ - $ 8,492Sanitation Vehicle Reserve $ 50,000 $ 50,000 $ - $ - $ - $ 100,000 $ 550,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 1,750,000 TOTAL PLANNED EXPENDITURES $ 7,871,089 $ 3,176,300 $ 4,941,100 $ 2,980,750 $ 3,520,750 $ 22,489,989 FY 22/23 - 26/27 CIP Month DD, YYYY Draft 2
No. Project Name 22/23 23/24 24/25 25/26 26/27 5-Year Total
FISCAL YEAR
Total Proposed FundingGeneral Fund $ 2,207,508 $ 1,103,100 $ 1,134,800 $ 1,114,800 $ 1,095,200 $ 6,655,408Sanitation Fund $ 1,580,750 $ 630,750 $ 630,750 $ 630,750 $ 630,750 $ 4,103,750Measure I - Local $ 409,900 $ 424,300 $ 439,200 $ 454,400 $ 470,400 $ 2,198,200RMRA $ 109,100 $ 112,600 $ 116,000 $ 120,800 $ 124,400 $ 582,900Measure Y TOT $ 1,917,384 $ 821,562 $ 2,620,350 $ 660,000 $ 1,200,000 $ 7,219,296Community Development Block Grant $ 256,567 $ 33,988 $ - $ - $ - $ 290,555PEG Access Fund $ 300,000 $ - $ - $ - $ - $ 300,000Development Impact Fees - Parkland $ 200,000 $ - $ - $ - $ - $ 200,000Inter-Agency Capital Contribution - MWD $ 500,000 $ - $ - $ - $ - $ 500,000EEM Grant $ 331,388 $ - $ - $ - $ - $ 331,388General Fund Vehicle Reserve $ 8,492 $ - $ - $ - $ - $ 8,492Sanitation Vehicle Reserve $ 50,000 $ 50,000 $ - $ - $ - $ 100,000 FY 22/23 - 26/27 CIP Month DD, YYYY Draft 2
MEETING
DATE: April 18, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Kelly Ent, Director of Administrative Services
Sean Sullivan, Director of Public Services
SUBJECT: Potential Transient Occupancy Tax Increase
BACKGROUND
City Council will engage in further discussion regarding the possible scheduling of a November 2022 ballot measure to increase Transient Occupancy Tax (TOT) within the City of Big Bear Lake.
The City Council had previously planned a ballot measure for the November 2020 election which was withdrawn in response to the impact of the COVID-19 pandemic. On November 15, 2021, the City Council discussed initiatives which could be funded with an increase in TOT and expressed an interest in developing a measure for voter consideration in November 2022. To place an item on the ballot for this election, City Council will need to take appropriate action no later than June.
DISCUSSION
The City staff have continued to explore the concept of an increase in Transient Occupancy Tax (TOT) and potential funding priorities. The City’s base TOT rate is 8% of which 2% is allocated exclusively for capital / infrastructure improvements. In addition to TOT, overnight visitors in the City of Big Bear Lake pay a 3% Big Bear Lake Tourism Business Improvement District assessment which is used for marketing and tourism impact mitigation. Collectively, there is an 11% assessment on all overnight visits to the City. As presented on November 15, 2021, staff conducted a survey of comparable cities throughout the State of California and the average assessment, inclusive of TOT and any marketing or businesses improvement assessments, is between 12-13%. At that time, the City Council advised staff to investigate a 2% increase and to better refine the potential funding priorities that would be the recipient of funding generated through the proposed TOT increase.
Staff developed and presented the following programs and priorities for the City Council’s consideration and feedback relative to a TOT initiative at the November 15, 2021:
• Public Safety
• Workforce Housing
• Replenish Big Bear
• Public Transit
• Bike Paths / Trails / Parks
• Public Infrastructure
• Other Council Priorities
In developing a ballot initiative, it will also be necessary to determine whether the proposal is to pursue a general tax measure or a special tax measure. A general tax measure affords greater flexibility in the use of those revenues and requires a simple majority of voters (50% plus one voter) to approve the increase; whereas, a special tax measure dedicates the revenue to a specific purpose and requires a supermajority (two-thirds) of voters to approve the initiative. The 2008 ballot measure was a general tax measure which included an accompanying advisory measure wherein voters approved the proposed use of funds for capital/infrastructure improvements. The initially proposed 2020 ballot measure was also structured as a general tax measure with a companion advisory measure. The Council may want to pursue a general tax measure as it has in the past and any of the priorities considered could be developed into a general tax measure rather than a special tax measure.
FISCAL IMPACT
There is no fiscal impact to discuss and consider placement of an initiative on the November ballot.
ENVIRONMENTAL CONSIDERATIONS
None requiring review under California Environmental Quality Act.
RECOMMENDATION
It is recommended that the City Council engage in further discussion and provide direction regarding a potential ballot measure on the November 2022 ballot to increase the City’s TOT.
ATTACHMENTS
1. Summary of Overnight Visitor Tax & Assessments by City ATTACHMENT 1
City Assessment Comments
Big Bear Lake 3.00% Other represents set aside for capital / infrastructure improvementsMammoth Lakes 1.00% TOT funds City services; TBID funds marketing efforts
12.00% - 14.00% $4.00/night Hotels/Motels 12.00% - 14.00% Gen. RDA $5.50/night Timeshare/Agent Managed VR
Truckee 1.25%
Measure K is a 2% TOT sunsetting in 20 years allocated for housing programs & incentives, open space preservation & preparing for wildfires and natural disasters
11.50% - 13.50% 12.50% - 14.50%
Standard - Grp. Hotel Standard - Grp. Htl.
1% Vacation Rentals
3% Hotels with 50+ Rooms
Coronado 1.00% 100.00% - 90.91% 0.00% - 9.09% Coronado Tourism Improvement District assessment at 90+ room hotels only is fully allocated for marketing/promotionSolana Beach 0.00% 10% to GF; 3% to Coastal Business/Visitors and Sand Replenishment CIP funds; No TBID ? Newport Beach 3.00% 9% TOT; 1% Visitor Service Fee plus 3% TBID for mktg
2.00%
Hotel Rooms
Huntington Beach 3.00% 10% TOT split 90%GF 10%MktgCarlsbad 2.00% TOT 100% General Fund; TBID 100% marketing/promotionAvalon 0.00% City is working with CIVITAS on a potential 1% TBID assessmentOjai 0.00% March 2020 Measure C ^5% for CIP (street paving, fire mitigation, code enforcement & climate change mitigation). Budget may appropriation general purpose funds to CIP. TBID Expired.
Visalia 0.00% Marketing funding is paid for by business owners and a portion of PBID assessments, not paid for by overnight visitors.
Malibu 0.00% TOT increased by 3% effective 1/1/2021 (Measure T) for unrestricted general municipal purposes Palo Alto 0.00% November 2018 TOT increased 1.5%; Potential 2022 ballot measure being developed for funding affordable housing.Redwood City 0.00% TOT is for general fund purposes. STR portion allocated for affordable housing. TBID assessments not paid by the visitors.
San Luis Obispo 2.00% Waiting for confirmation: 10% TOT GF ($18.6M 21-22) 2% TBID marketing/promotionSanta Monica $1.80/night - $6.00/night Nightly fee varies based on ADR
12% TOT is a general purpose revenue
Nightly occupancy fee is used for marketing/promotion Solvang 12.00% $3.00/night TOT is allocated exclusively to the General Fund
Tourism Assessments are for marketing/promotion
Palm SpringsDesert Hot Springs 12.00% 12.00% - 15.00%Laguna Beach 12.00% Assessment collected on hotel rooms is allocated 50% for marketing and 50% for culture and leisure programs 12.00% - 14.00%
0.00%
21.06% 0.00%
100.00% - 85.71% 0.00% 7.14% 0.00% - 7.14%
78.94%66.67% 0.00% 33.33%
Summary Overnight Visitor Tax & Assessments by City
Taxes & Fees Assessed Allocation of Taxes & Fees
0.00% 4.5% TOT for general purposes remainder to promotions along with 1% TBID assessment on vacation rentals. 36.00% 44.83% - 64.00% 55.17% -
75.47% 15.09%
Marketing
27.27%
7.14%9.43%
42.16% 15.14% 42.70% Other revenue is allocated to recreation projects (Meas. P) & RDA debt payments54.55% General Purposes
92.86%
14.00% 14.00%
18.18%
0.00%
Tax Rate Total
South Lake Tahoe
Plus nightly fee
8.00%
13.00%
11.00%14.00%
Other
100.00% - 80.00% 0.00% - 20.00% 0.00%
69.23% 30.77% 0.00%
-
10.00%15.00%15.50%12.00%12.00%
12.00%15.00%10.00%10.00%15.00%15.50%12.00%10.00% 12.00%
12.00%15.00%
Plus nightly fee
13.00%13.00%12.00%
12.00% 13.25%10.00%10.00%
11.00%13.00%
10.00%13.00%
1.00%
78.00% 0.00%
Tourism Marketing District (TMD) assessments are based on average daily rate (ADR) per room & paid for by lodging facilities, not overnight visitors.
0.00%0.00%
83.33% 16.67%
100.00% 0.00%
Average Rate
12.95%
95.00% 0.00% 5.00%76.92% 0.00% 23.08%69.23% 23.08% 7.69% 100.00% 0.00% 0.00%
83.33% 16.67% 0.00%
100.00% 0.00% 0.00%100.00% 0.00% 0.00%
22.00%