Joint Meeting of City Council and Planning Commission and Adjourned Regular Meeting Minutes – April 18, 2022
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An Adjourned Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 10:01 a.m., Monday, April 18, 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 10:01 a.m., Council adjourned to Closed Session.
At the hour of 11:42 a.m., Mayor Herrick called Open Session to order.
OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Melnick
Councilmembers Present: Mayor Rick Herrick
Mayor Pro Tem Bynette Mote
Councilmember Alan Lee
Councilmember Perri Melnick
Councilmember Randall Putz
Commissioners Present: Chairman Paul Senft
Vice Chairman Jeff Holoubek
Commissioner Michael Beveridge
Commissioner Michael LoGrande
Commissioner Sara Schacht
Others Present: Jeff Mathieu, Interim City Manager
Erica Stephenson, City Clerk
Stephen P. Deitsch, City Attorney
JOINT MEETING OF CITY COUNCIL AND PLANNING COMMISSION
PUBLIC COMMUNICATIONS
Lupe Lugo, Big Bear Lake resident, expressed opposition to the proposed Castle Rock Trail parking lot project and requested the City conduct environmental, traffic, noise and safety studies, in addition to seeking further community input, prior to proceeding with this project.
1. DISCUSSION/ACTION ITEMS
1.1 2021-2029 HOUSING ELEMENT DISCUSSION
Sue O’Strander, Director of Community Development provided an overview of the current status of the 2021-2029 Housing Element. The City Council and Planning Commission considered and discussed
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April 18, 2022
several policy issues including increased residential density, minimum residential density, and permitting for large residential care facilities. General direction was provided to staff to further pursue zoning amendments in an effort to gain compliance with the State-mandated deadline of October 15, 2022.
Following the Council and Commissioner’s initial questions and discussion, Mayor Herrick invited up speakers who wanted to speak on this item. The following individuals approached Council:
Jim Eakin, Big Bear City resident, provided his opinions regarding the City’s 2021-2029 Housing Element; believes that the City should continue using the current CUP process.
Nick Cargill, Big Bear Workforce Housing Initiative representative, provided his thoughts related to requiring ADUs to be leased as long-term affordable housing; expressed his optimism about the possibility of several short-term rentals switching to full-time rentals shortly, due to the current reduction in short-term rental occupancy; and requested City staff support with an upcoming mailer and various housing research projects.
Adam Torres, Big Bear Lake property owner, expressed concerns about the State’s proposed 20 units per acre parcel requirement and detailed the reasons he doesn’t believe that his property should have to comply with the State’s mandated Housing Element zoning change.
Tom Cunningham, Big Bear Lake property owner, indicated he is a co-owner of the property the previous speaker addressed; believes their parcel has been incorrectly identified in the report and requested this lot be removed from the Housing Element.
Wendell Wilson, Mountain Homeless Coalition representative, he indicated that his organization looks forward to helping the City to meet the Housing Element requirements; detailed the types of assistance this coalition provides to the community.
No formal action was taken regarding this Item.
ADJOURNMENT OF JOINT MEETING OF CITY COUNCIL AND PLANNING COMMISSION There being no further business to come before the Council and Planning Commission, Mayor Herrick adjourned the meeting at 1:10 p.m. to the Adjourned Regular City Council Meeting.
CONTINUATION OF CITY COUNCIL ADJOURNED REGULAR MEETING
At the hour of 1:10 p.m., Mayor Herrick called a brief recess.
At the hour of 1:22 p.m., Mayor Herrick reconvened the meeting.
RESULTS OF CLOSED SESSION
1. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957 Title of Position to be filled: City Manager
No Reportable Action.
2. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6
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Name of Negotiators: Interim City Manager Jeff Mathieu and City Clerk/Director of Human Resources Erica Stephenson
Name of Organization: Teamsters Local 1932
No Reportable Action.
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
No Reportable Action.
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
No Reportable Action.
PUBLIC COMMUNICATIONS
None.
2. DISCUSSION/ACTION ITEMS
2.1 FY 2021-22 BUDGET REVIEW
Kelly Ent, Director of Administrative Services provided an update on the Fiscal Year 2021-22 budget, presented anticipated financial results through June 30, 2022, and projected resources for operations and capital investments. She indicated that this Council discussion helps staff in producing the upcoming FY 2022-23 draft budget and determining proposed funding priorities. Council further engaged in a budget related discussion, asked a myriad of questions and provided fiscal input.
No formal action was taken regarding this Item.
Mayor Herrick then requested that Item 2.3 should be discussed next and that Item 2.2 should be moved to the last discussion item; Council expressed their agreement with Mayor Herrick’s suggestion.
2.3 POTENTIAL TRANSIENT OCCUPANCY TAX INCREASE
Kelly Ent, Director of Administrative Services presented this item and engaged the City Council 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. She explained that the City’s
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current TOT rate is 8%, that overnight visitors also pay a 3% Tourism Business Improvement District assessment bringing the total cost paid by overnight visitors to 11% and reminded the public about the Council’s decision to withdraw the previously planned November 2020 TOT increase ballot measure in response to the impacts of the COVID-19 pandemic. City Council considered and discussed potential funding opportunities and provided direction to City staff regarding the development of a November 2022 TOT increase ballot measure.
Following the Council’s preliminary questions and discussion, Mayor Herrick invited up speakers who wanted to speak on this item. The following individuals approached Council:
Jim Eakin, Big Bear City resident, believes the City should establish the budget and determine the financial needs prior to determining to proceed with a TOT increase ballot measure.
Jeff Willis, Big Bear Fire Department Fire Chief, discussed the potential TOT increase and how added funding may be used by the Big Bear Fire Department, if Council was inclined to program some of the additional TOT revenue for enhanced public safety purposes.
Jeff Holoubek, Big Bear Lake resident, explained the economic elasticity of demand for vacation rentals and its direct correlation with fluctuating rental prices.
Michael Beveridge, Big Bear Lake resident, provided clarification regarding the past increases and decreases in the City’s TOT rate over the years and explained the various reasons for these changes.
Nick Cargill, Destination Big Bear owner, shared some information relating to his businesses current rental bookings compared to 2019 and reminded Council that some of the City’s neighborhoods boarder the unincorporated San Bernardino County area which has a lower TOT rate when compared to Big Bear Lake.
No formal action was taken regarding this Item.
At the hour of 3:15 p.m., Mayor Herrick called a brief recess.
At the hour of 3:22 p.m., Mayor Herrick reconvened the meeting.
2.2 REVIEW OF 5-YEAR CAPITAL REPLACEMENT / IMPROVEMENT PLAN Sean Sullivan, Director of Public Services provided 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. Staff further engaged the Council in discussions regarding the priority of the planned projects, any desired adjustments to the funding schedule of planned projects, and discussed 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. Council asked numerous questions and provided their input related to the City’s capital projects.
No formal action was taken regarding this Item.
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3. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
3.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
Stephen Deitsch, City Attorney provided an update on the City’s workplace investigation and recommended that for attorney-client work product privileges the City Attorney enter into an agreement directly with the third party investigator without further City Council approval.
3.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Putz reported on his recent attendance at the City/County Conference and SCAG meetings.
Mayor Pro Tem Mote indicated she also attended the City/County Conference; reported on a recent EDAC meeting and a Fire Authority event. She also sought clarification on an Ordinance example the City Attorney recently provided the Council.
A motion was made by Mayor Pro Tem Mote, seconded by Councilmember Melnick, directing staff to prepare a future Agenda Item for Council’s consideration, that would further clarify the City Council’s residency requirement.
Said motion was approved by the following vote:
AYES: Mote, Lee, Melnick, Putz, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
Mayor Herrick reported on his attendance at the City/County Conference and recent SBCTA meetings.
ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting at 4:48 p.m.
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Erica Stephenson, City Clerk