Cities Index.
Agenda packet

Big Bear Lake City Council
May 2, 2022

Document
Agenda packet
Meeting
May 2, 2022
Body
Big Bear Lake City Council
Pages
14
Original file
8.8 MB
Text extracted from the city's file for reading and search. Open the original on bigbearlake.gov. That file is the official record.

CITY COUNCIL

REGULAR MEETING AGENDA
MAY 2, 2022
Meeting Time - 6:00 p.m.

Meeting Location - 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

CALL TO ORDER

PLEDGE OF ALLEGIANCE

INVOCATION
Invocation will be led by Tom Caringella from the Church of Jesus Christ of Latter Day Saints.

ROLL CALL

PRESENTATIONS
• Presentation of a Proclamation recognizing that April 22 – 24, 2022 was “Earth Day Weekend” and highlighting the “Restore the Bear” community trash removal project. • Presentation of a Proclamation recognizing May as Building and Safety Month.

CITY COUNCIL AGENDA
May 2, 2022 - Page 2
• Presentation made by Nick Cargill a representative for the Big Bear Workforce Housing Initiative, informing the community of an opportunity for homeowners to convert their vacation rental properties into long-term rentals.

PUBLIC COMMUNICATIONS
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.

1. CONSENT CALENDAR

1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 3/25/2022 THROUGH 4/20/2022 IN THE AMOUNT OF $2,312,082.60 AND THE MARCH 2022 TREASURER’S REPORT

1.2 APPROVAL OF MEETING MINUTES FROM THE APRIL 4, 2022 REGULAR MEETING OF

CITY COUNCIL

1.3 APPROVAL OF MEETING MINUTES FROM THE APRIL 18, 2022 REGULAR MEETING OF

CITY COUNCIL

1.4 RESOLUTION ESTABLISHING A NEW CODE COMPLIANCE MANAGER POSITION City Council will consider a resolution formally authorizing a new Code Compliance Manager position, assigning the position to the appropriate salary range, and approving the job description. The proposed new position would directly oversee the City’s Code Compliance Officers and the enforcement of the City’s Vacation Rental Ordinance.

1.5 RESOLUTION TO AUTHORIZE CHANGING THE 2022 MEMORIAL DAY FIREWORKS

DISPLAY TO A DRONE LIGHT SHOW
City Council will consider a formal resolution to authorize changing the 2022 Memorial Day Fireworks Display to a drone light show. This change is being proposed due to concerns regarding a potential adverse impact of noise associated with fireworks, upon the baby eagle born in Fawnskin approximately seven weeks ago. The proposed drone light show would occur on Sunday, May 29, 2022, which is the same date and time as the previously planned fireworks display. According to the event promoter, the show will be visible from the same vantage points as the typical 4th of July fireworks show.

1.6 RESOLUTION ORDERING THE PREPARATION OF AN ENGINEER’S REPORT AND

RESOLUTION OF INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN THE VILLAGE MAINTENANCE ASSESSMENT DISTRICT NO. 1-92
City Council will consider two resolutions associated with the Village Maintenance Assessment District.

The first Resolution will order the preparation of an Engineer’s Report for the Village Maintenance Assessment District. The second Resolution is a Resolution of Intent to Levy and Collect Assessments Within the Village Maintenance Assessment District No. 1-92. This Resolution will set a Public Hearing

CITY COUNCIL AGENDA
May 2, 2022 - Page 3
for the levy and collection of these assessments on Monday, June 6. The rates that will be collected under this assessment were adopted, pursuant to a Proposition 218 process, in June 2021.

1.7 RESOLUTION AUTHORIZING A CONSTRUCTION CONTRACT WITH SANCON ENGINEERING, INC. FOR THE SANITARY SEWER “CURED-IN-PLACE” PIPE PROJECT City Council will consider a formal resolution authorizing a construction contract with Sancon, Inc. for the Sanitary Sewer Cured in Place Piper Project. This project will place a “cured in place pipe” within existing sewer lines to act as a lined and correct root intrusion, pipe collapse or erosion, or other concerns that inhibit sanitary sewer flow. The identified project area is within the Red Ant Hill area of the City and will rehabilitate approximately 2,000 linear feet of sewer line without the need to excavate and replace it. Upon award of this contract, work will proceed in the coming months and be completed this summer.

ITEMS REMOVED FROM THE CONSENT CALENDAR

2. DISCUSSION/ACTION ITEMS

2.1 CITIZENS’ INITIATIVE FISCAL IMPACT REPORT – VACATION RENTAL MEASURE The City Council will consider authorizing City staff to enter into an agreement with Tourism Economics LLC in the amount of $45,500 to prepare a report on the impacts of the Initiative Measure Amending the City’s Municipal Code to Limit the Number of Vacation Rental Licenses and Rental Contracts in the City and to Enact Additional Limitations and Regulations on Vacation Rentals (“Citizens’ Initiative). The Citizens’ Initiative impact report can include the fiscal effect, effect on land uses, impact on infrastructure and any other matters the City Council would request to be included in the report. If approved, the City staff must present the report to the Council by the deadline set by the Council, but no later than 30 calendar days after the City Clerk certifies to the City Council the sufficiency of the petition. It is anticipated that the City Clerk will include this petition certification item on the City Council’s May 16 Agenda. It is important to note that impact reports are required to be impartial in the style, tenor and timing of the document and must not advocate for or against the measure.

2.2 FRANCHISE AGREEMENT WITH BIG BEAR DISPOSAL, INC. FOR THE PROVISION OF

SOLID WASTE COLLECTION AND DISPOSAL SERVICES
City Council will consider the approval of a Franchise Agreement with Big Bear Disposal for Solid Waste Collection and Disposal Services. Beginning 2021, staff undertook a review of solid waste management services and programming to develop a framework for a new long-term agreement. The City Council, in January 2022, reviewed and concurred to a proposed scope of services and directed staff to: 1. Develop and Issue a Request for Information to perspective solid waste haulers, and 2. Continue to negotiate directly with Big Bear Disposal, Inc. Big Bear Disposal, Inc. has provided a proposal to continue the provision of solid waste collection and disposal services within the City of Big Bear Lake and staff has reviewed the proposal relative to the current marketplace for solid waste services. Staff is recommending approval of a Franchise Agreement with Big Bear Disposal, Inc. for the provision of solid waste collection and disposal services.

CITY COUNCIL AGENDA
May 2, 2022 - Page 4

2.3 RESOLUTION AUTHORIZING AN AMENDMENT TO THE INTERIM CITY MANAGER’S

EMPLOYMENT AGREEMENT
City Council will consider a formal resolution authorizing an amendment to the Interim City Manager’s Employment Agreement that would modify the current agreement’s thirty-two hour work week to a forty hour work week. The proposed amendment will be presented by the City Attorney at this Council meeting as required by the Ralph M. Brown Act.

3. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS

3.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS

3.2 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 28th 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.

Check# Vendor/Employee Date Amount
83514 Butchers Blocks & Building Materials 03/31/2022 1,049.96 83515 Bear Valley Electric 03/31/2022 1,325.13
83517 Charter Communications Holdings, LLC 03/31/2022 676.84 83518 CP Products 03/31/2022 45.00
83519 Dapeer Rosenblit & Litvak LLP 03/31/2022 140.00
83521 Fisher Integrated, Inc. 03/31/2022 1,200.00
83522 Frontier Communications 03/31/2022 65.12
83523 Ludecke's Electrical Service, Inc. 03/31/2022 550.00 83524 Marlin Business Bank 03/31/2022 1,660.06
83525 Mission Linen Supply Inc. 03/31/2022 698.93
83526 Randy Spitz 03/31/2022 138.00
83527 Otis Elevator Company 03/31/2022 3,342.60
83531 Southwest Gas Corporation 03/31/2022 1,580.01
83533 Willdan Engineering Inc 03/31/2022 1,856.25
83534 San Bernardino County Clerk of the Board of Supervisors 04/07/2022 100.00 83535 San Bernardino County Sheriff's Dept 04/07/2022 407,680.00 83536 San Bernardino County Solid Waste Mgmt Division 04/07/2022 25.26 83537 City of Big Bear Lake Dept of Water & Power 04/07/2022 170.90 83539 A Performance Towing Inc 04/07/2022 7,500.00
83540 Big Bear Disposal Inc 04/07/2022 181,773.22
83541 Big Bear Paint Center 04/07/2022 517.37
83542 BlackHole Technologies Inc 04/07/2022 1,524.75
83543 Butchers Blocks & Building Materials 04/07/2022 281.06 83544 Bear Valley Electric 04/07/2022 14,993.44
83545 Charter Communications Holdings, LLC 04/07/2022 359.94 83546 CP Products 04/07/2022 79.07
83547 Cintas Corporation 04/07/2022 352.34
83548 Lumber City Corp. 04/07/2022 212.49
83549 Docu-Trust 04/07/2022 50.00
83550 Frontier Communications 04/07/2022 59.36
83551 Grainger Inc. 04/07/2022 1,369.38
83552 The Grizzly 04/07/2022 1,122.00
83553 Intelesys One, Inc. 04/07/2022 187.13
83554 KOA Corporation 04/07/2022 1,140.00
83555 Lynn Merrill And Associates, Inc. 04/07/2022 2,143.08 83556 Mission Linen Supply Inc. 04/07/2022 53.25
83557 Nestle Waters North America 04/07/2022 820.13
83558 Tom Dodson & Associates 04/07/2022 3,427.50
83559 Transtech Engineers, Inc. 04/07/2022 680.00
83560 Underground Service Alert Inc. 04/07/2022 194.14
83561 Waxie Sanitary Supply Inc. 04/07/2022 798.94
83573 San Bernardino County Sheriff's Dept 04/14/2022 44,932.78 83574 City of Big Bear Lake Dept of Water & Power 04/14/2022 1,478.65 City of Big Bear Lake
Checks Issued 03/25/2022 - 04/20/2022
Check# Vendor/Employee Date Amount
83577 BBARWA 04/14/2022 1,415,641.80
83578 All Protection Alarm 04/14/2022 865.16
83579 AW Direct 04/14/2022 685.23
83580 Big Bear Disposal Inc 04/14/2022 10,432.86
83581 Big Bear Vacations 04/14/2022 3,388.00
83583 Belson Outdoors, Inc. 04/14/2022 48,660.83
83584 BlueTarp Financial, Inc. 04/14/2022 4,687.09
83585 Peter Joseph Bucknam 04/14/2022 570.00
83586 Butchers Blocks & Building Materials 04/14/2022 595.65 83587 Bear Valley Electric 04/14/2022 15,966.91
83588 Charter Communications Holdings, LLC 04/14/2022 2,024.25 83589 Cintas Corporation 04/14/2022 117.45
83590 Lumber City Corp. 04/14/2022 523.64
83591 Ewing 04/14/2022 1,477.66
83592 Fisher Integrated, Inc. 04/14/2022 1,200.00
83593 Frontier Communications 04/14/2022 2,216.47
83594 Geiger Supply, Inc. 04/14/2022 450.72
83595 GFOA 04/14/2022 150.00
83597 The Grizzly 04/14/2022 601.75
83598 Intelesys One, Inc. 04/14/2022 11,346.38
83600 Lance Soll & Lunghard 04/14/2022 95.00
83601 Mile High Equipment, Inc. 04/14/2022 8,121.92
83602 Mission Linen Supply Inc. 04/14/2022 1,394.94
83603 Michael Marcotte 04/14/2022 2,490.50
83604 Nolan Thoren Construction General Engineering 04/14/2022 3,150.00 83605 Orkin Inc. 04/14/2022 85.00
83606 Quill Corporation 04/14/2022 50.28
83607 Redlands Auto Plaza 04/14/2022 2,220.00
83609 Retail Strategies, LLC 04/14/2022 1,250.00
83610 ROW Traffic Safety, Inc. 04/14/2022 4,100.00
83611 Rochester Midland Corporation 04/14/2022 611.64
83612 Southwest Gas Corporation 04/14/2022 14.11
83613 Transtech Engineers, Inc. 04/14/2022 10,340.00
83614 Twin Bear Equipment Rental, Inc. 04/14/2022 117.13 83615 Uline 04/14/2022 176.56
83616 United Rentals (North America), Inc 04/14/2022 14,934.15 83617 Volvo Construction Equipment Inc. 04/14/2022 14,061.39 83618 Butchers Blocks & Building Materials 04/20/2022 1,620.72 83619 Car Quest Auto Parts 04/20/2022 2,051.90
83620 Cintas Corporation 04/20/2022 657.84
83621 Lumber City Corp. 04/20/2022 96.89
83622 Mile High Equipment, Inc. 04/20/2022 4,000.00
83623 Mission Linen Supply Inc. 04/20/2022 915.24
83624 Genuine Auto Parts 04/20/2022 489.00
83625 ROW Traffic Safety, Inc. 04/20/2022 50.64
83626 United Rentals (North America), Inc 04/20/2022 12,871.83 83627 Volvo Construction Equipment Inc. 04/20/2022 14,061.39 ACH Bynette L Mote 04/14/2022 209.60
Check# Vendor/Employee Date Amount
ACH AccuSource, Inc. 04/07/2022 129.00
ACH Ruth Lorentz 04/14/2022 1,760.00
2,312,082.60
Check# Vendor/Employee Transaction Amount
City Council 4110
ACH Bynette L Mote Travel Reimbursement - SB County Conference 04/14/2022 209.60 City Council Total 209.60
City Manager 4120
83581 Big Bear Vacations Interim City Manager Housing 03/20 - 04/30/22 04/14/2022 3,388.00 City Manager Total 3,388.00
City Clerk 4130
83552 The Grizzly Legal Notices 04/07/2022 1,122.00
City Clerk Total 1,122.00
Finance 4140
83595 GFOA Annual Membership Renewal 04/14/2022 150.00
83600 Lance Soll & Lunghard LSL GASB Update 2022 04/14/2022 95.00 Finance Services Total 245.00
Human Resources 4150
ACH AccuSource, Inc. Recruitment Expense 04/07/2022 129.00 Human Resources Total 129.00
Traffic Safety 4230
83587 Bear Valley Electric Electricity Usage 04/14/2022 415.61 Traffic Safety Total 415.61
Law Enforcement 4250
83535 San Bernardino County Sheriff's Dept Monthly Sheriff Contract 04/07/2022 407,680.00 83573 San Bernardino County Sheriff's Dept Quarterly Expenses/Special Services 04/14/2022 29,771.11 Law Enforcement Total 437,451.11
Engineering 4310
83534 San Bernardino County Clerk of the Board of Supervisors Document Filing Fees 04/07/2022 100.00 83585 Peter Joseph Bucknam Pavement Management Program Services 04/14/2022 570.00 83613 Transtech Engineers, Inc. Professional Services 04/14/2022 4,537.50 Engineering Total 5,207.50
City of Big Bear Lake
Expenditure By Department
Checks Issued 03/25/2022 - 04/20/2022
Check# Vendor/Employee Transaction Amount
Street Maintenance 4320
83514 Butchers Blocks & Building Materials Materials/Supplies 03/31/2022 44.30 83525 Mission Linen Supply Inc. Laundry Service 03/31/2022 279.57 83539 A Performance Towing Inc Snow Operations/Tow Truck Standby 04/07/2022 7,500.00 83542 BlackHole Technologies Inc GPS Monthly Services 04/07/2022 1,524.75 83543 Butchers Blocks & Building Materials Materials/Supplies 04/07/2022 7.87 83546 CP Products Janitorial Supplies 04/07/2022 79.07
83548 Lumber City Corp. Materials/Supplies 04/07/2022 155.18 83551 Grainger Inc. Materials/Supplies 04/07/2022 441.28 83556 Mission Linen Supply Inc. Laundry Service 04/07/2022 53.25 83557 Nestle Waters North America Drinking Water 04/07/2022 410.06 83561 Waxie Sanitary Supply Inc. Janitorial Supplies 04/07/2022 278.25 83580 Big Bear Disposal Inc Portable Restroom Rentals 04/14/2022 296.01 83584 BlueTarp Financial, Inc. Truck Bed Storage Compartments 04/14/2022 3,124.72 83586 Butchers Blocks & Building Materials Materials/Supplies 04/14/2022 44.56 83589 Cintas Corporation First Aid Supplies 04/14/2022 117.45 83590 Lumber City Corp. Materials/Supplies 04/14/2022 523.64 83602 Mission Linen Supply Inc. Laundry Service 04/14/2022 557.98 83603 Michael Marcotte Equipment Repair 04/14/2022 800.00 83604 Nolan Thoren Construction General Engineering Snow Removal Operations 04/14/2022 3,150.00 83610 ROW Traffic Safety, Inc. Snow Removal Operations/Equipment Rental 04/14/2022 4,100.00 83611 Rochester Midland Corporation Janitorial Supplies 04/14/2022 152.91 83614 Twin Bear Equipment Rental, Inc. Small Tools 04/14/2022 117.13 83615 Uline Materials/Supplies 04/14/2022 176.56
83616 United Rentals (North America), Inc Snow Removal Operations/Equipment Rental 04/14/2022 14,934.15 83617 Volvo Construction Equipment Inc. Snow Removal Operations/Equipment Rental 04/14/2022 14,061.39 83618 Butchers Blocks & Building Materials Materials/Supplies 04/20/2022 777.08 83620 Cintas Corporation First Aid Supplies 04/20/2022 328.92 83621 Lumber City Corp. Materials/Supplies 04/20/2022 68.33 83622 Mile High Equipment, Inc. Asphalt 04/20/2022 4,000.00 83623 Mission Linen Supply Inc. Laundry Service 04/20/2022 498.09 83625 ROW Traffic Safety, Inc. Street Signs 04/20/2022 50.64 83626 United Rentals (North America), Inc Snow Removal Operations/Equipment Rental 04/20/2022 12,871.83 83627 Volvo Construction Equipment Inc. Snow Removal Operations/Equipment Rental 04/20/2022 14,061.39 Street Maintenance Total 85,586.36
Vehicle Maintenance 4325
83525 Mission Linen Supply Inc. Laundry Service 03/31/2022 34.95 83574 City of Big Bear Lake Dept of Water & Power Water Usage 04/14/2022 123.90 83579 AW Direct Vehicle Parts 04/14/2022 685.23
83587 Bear Valley Electric Electricity Usage 04/14/2022 5,899.40 83602 Mission Linen Supply Inc. Laundry Service 04/14/2022 69.74 Check# Vendor/Employee Transaction Amount
83619 Car Quest Auto Parts Vehicle Repair 04/20/2022 2,051.90 83623 Mission Linen Supply Inc. Laundry Service 04/20/2022 34.78 83624 Genuine Auto Parts Vehicle Repair 04/20/2022 489.00 Vehicle Maintenance Total 9,388.90
Street Lighting 4330
83544 Bear Valley Electric Electricity Usage 04/07/2022 5,583.67 83587 Bear Valley Electric Electricity Usage 04/14/2022 283.13 Street Lighting Total 5,866.80
City Parking Lots / Chamber Building 4335
83515 Bear Valley Electric Electricity Usage 03/31/2022 391.20 83543 Butchers Blocks & Building Materials Materials/Supplies 04/07/2022 77.00 83545 Charter Communications Holdings, LLC Security Camera Internet Service 04/07/2022 239.96 83561 Waxie Sanitary Supply Inc. Janitorial Supplies 04/07/2022 121.23 83574 City of Big Bear Lake Dept of Water & Power Water Usage 04/14/2022 329.10 83578 All Protection Alarm Alarm Monitoring 04/14/2022 130.50 83580 Big Bear Disposal Inc Portable Restroom Rentals 04/14/2022 634.48 83587 Bear Valley Electric Electricity Usage 04/14/2022 2,433.65 83591 Ewing Irrigation Supplies 04/14/2022 492.56
83603 Michael Marcotte Heating Repair 04/14/2022 256.50 83605 Orkin Inc. Pest Control 04/14/2022 85.00
83611 Rochester Midland Corporation Janitorial Supplies 04/14/2022 152.91 83618 Butchers Blocks & Building Materials Materials/Supplies 04/20/2022 59.99 City Parking Lots / Chamber Building Total 5,404.08
Planning 4410
83533 Willdan Engineering Inc GIS Services 03/31/2022 1,856.25 83606 Quill Corporation Office Supplies 04/14/2022 50.28 83609 Retail Strategies, LLC Professional Services 04/14/2022 1,250.00 83613 Transtech Engineers, Inc. Professional Services 04/14/2022 2,537.50 ACH Ruth Lorentz Professional Services 04/14/2022 1,760.00 Planning Total 7,454.03
Planning Commission 4411
83597 The Grizzly Legal Notices 04/14/2022 601.75
Planning Commission Total 601.75
Tourism Registration / Administration 4414
83573 San Bernardino County Sheriff's Dept Special Event - Tour de Big Bear Traffic Control 04/14/2022 15,161.67 Tourism Registration / Administration Total 15,161.67
Check# Vendor/Employee Transaction Amount
Tourism & Municipal Code Compliance 4415
83519 Dapeer Rosenblit & Litvak LLP Professional Legal Services 03/31/2022 140.00 83522 Frontier Communications Telephone Service 03/31/2022 65.12 Tourism & Municipal Code Compliance Total 205.12
Building & Safety 4430
83613 Transtech Engineers, Inc. Professional Services 04/14/2022 240.00 Building & Safety Total 240.00
City Parks & Trails 4625
83515 Bear Valley Electric Electricity Usage 03/31/2022 701.33 83523 Ludecke's Electrical Service, Inc. Electrical Repairs 03/31/2022 550.00 83537 City of Big Bear Lake Dept of Water & Power Water Usage 04/07/2022 170.90 83541 Big Bear Paint Center Painting Supplies 04/07/2022 517.37 83543 Butchers Blocks & Building Materials Materials/Supplies 04/07/2022 56.08 83545 Charter Communications Holdings, LLC Security Camera Internet Service 04/07/2022 119.98 83548 Lumber City Corp. Materials/Supplies 04/07/2022 13.81 83561 Waxie Sanitary Supply Inc. Janitorial Supplies 04/07/2022 121.23 83574 City of Big Bear Lake Dept of Water & Power Water Usage 04/14/2022 374.80 83586 Butchers Blocks & Building Materials Materials/Supplies 04/14/2022 178.09 83587 Bear Valley Electric Electricity Usage 04/14/2022 1,652.86 83591 Ewing Irrigation Supplies 04/14/2022 492.55
83611 Rochester Midland Corporation Janitorial Supplies 04/14/2022 152.91 83618 Butchers Blocks & Building Materials Materials/Supplies 04/20/2022 44.92 City Parks & Trails Total 5,146.83
General Government 4800
83517 Charter Communications Holdings, LLC Internet Service 03/31/2022 676.84 83524 Marlin Business Bank Copier Lease 03/31/2022 1,660.06 83526 Randy Spitz Meeting Supplies 03/31/2022 138.00
83549 Docu-Trust Document Storage 04/07/2022 50.00
83550 Frontier Communications Telephone Service 04/07/2022 59.36 83578 All Protection Alarm Alarm Monitoring 04/14/2022 618.21 83580 Big Bear Disposal Inc Additional Restrooms & Trash Dumpsters - 2mos. 04/14/2022 9,401.36 83588 Charter Communications Holdings, LLC Internet and Cable Services 04/14/2022 2,024.25 83593 Frontier Communications Telephone Service 04/14/2022 2,099.71 General Government Total 16,727.79
Check# Vendor/Employee Transaction Amount
Information Technology 4810
83521 Fisher Integrated, Inc. Video Streaming 03/31/2022 1,200.00 83553 Intelesys One, Inc. Annual Software Renewal 04/07/2022 187.13 83592 Fisher Integrated, Inc. Video Streaming/ March 2022 04/14/2022 1,200.00 83598 Intelesys One, Inc. IT Services/License Fees 04/14/2022 11,346.38 Technology Services Total 13,933.51
Civic Center 4820
83518 CP Products Janitorial Supplies 03/31/2022 45.00
83525 Mission Linen Supply Inc. Laundry Service 03/31/2022 48.92 83527 Otis Elevator Company Annual Elevator Maintenance Contact 03/31/2022 3,342.60 83531 Southwest Gas Corporation Natural Gas Usage 03/31/2022 1,580.01 83544 Bear Valley Electric Electricity Usage 04/07/2022 6,230.03 83547 Cintas Corporation First Aid Supplies 04/07/2022 352.34 83551 Grainger Inc. Materials/Supplies 04/07/2022 754.03 83561 Waxie Sanitary Supply Inc. Janitorial Supplies 04/07/2022 278.23 83574 City of Big Bear Lake Dept of Water & Power Water Usage 04/14/2022 356.85 83587 Bear Valley Electric Electricity Usage 04/14/2022 26.55 83594 Geiger Supply, Inc. Water Heater Replacement 04/14/2022 450.72 83602 Mission Linen Supply Inc. Laundry Service 04/14/2022 97.64 83603 Michael Marcotte Plumbing Repair 04/14/2022 1,434.00 83611 Rochester Midland Corporation Janitorial Supplies 04/14/2022 152.91 83612 Southwest Gas Corporation Natural Gas Usage 04/14/2022 14.11 83618 Butchers Blocks & Building Materials Materials/Supplies 04/20/2022 329.43 83623 Mission Linen Supply Inc. Laundry Service 04/20/2022 48.66 Civic Center Total 15,542.03
PAC Operations & Maintenance 4821
83514 Butchers Blocks & Building Materials Materials/Supplies 03/31/2022 15.51 83543 Butchers Blocks & Building Materials Materials/Supplies 04/07/2022 114.47 83544 Bear Valley Electric Electricity Usage 04/07/2022 2,076.68 83548 Lumber City Corp. Materials/Supplies 04/07/2022 19.14 83578 All Protection Alarm Alarm Monitoring 04/14/2022 116.45 PAC Operations & Maintenance Total 2,342.25
Sanitation 250
83525 Mission Linen Supply Inc. Laundry Service 03/31/2022 279.57 83544 Bear Valley Electric Electricity Usage 04/07/2022 1,103.06 83548 Lumber City Corp. Materials/Supplies 04/07/2022 24.36 83557 Nestle Waters North America Drinking Water 04/07/2022 410.07 83560 Underground Service Alert Inc. Underground Dig Alert Services 04/07/2022 194.14 83574 City of Big Bear Lake Dept of Water & Power Water Usage 04/14/2022 47.80 Check# Vendor/Employee Transaction Amount
83577 BBARWA Bi-Annual Connection Fees 04/14/2022 1,415,641.80 83584 BlueTarp Financial, Inc. Truck Bed Storage Compartments 04/14/2022 1,562.37 83586 Butchers Blocks & Building Materials Materials/Supplies 04/14/2022 8.23 83587 Bear Valley Electric Electricity Usage 04/14/2022 3,574.80 83593 Frontier Communications Telephone Service 04/14/2022 116.76 83601 Mile High Equipment, Inc. Manhole Cover Lowering 04/14/2022 8,121.92 83602 Mission Linen Supply Inc. Laundry Service 04/14/2022 557.98 83613 Transtech Engineers, Inc. Professional Services 04/14/2022 1,512.50 83620 Cintas Corporation First Aid Supplies 04/20/2022 328.92 83621 Lumber City Corp. Materials/Supplies 04/20/2022 28.56 83623 Mission Linen Supply Inc. Laundry Service 04/20/2022 278.09 Sanitation Total 1,433,790.93
Village Streetscape Maintenance 291
83514 Butchers Blocks & Building Materials Materials/Supplies 03/31/2022 990.15 83515 Bear Valley Electric Electricity Usage 03/31/2022 232.60 83540 Big Bear Disposal Inc Village Litter Containers 04/07/2022 1,574.80 83543 Butchers Blocks & Building Materials Materials/Supplies 04/07/2022 25.64 83551 Grainger Inc. Materials/Supplies 04/07/2022 174.07 83574 City of Big Bear Lake Dept of Water & Power Water Usage 04/14/2022 246.20 83586 Butchers Blocks & Building Materials Materials/Supplies 04/14/2022 55.82 83587 Bear Valley Electric Electricity Usage 04/14/2022 1,680.91 83591 Ewing Irrigation Supplies 04/14/2022 492.55
83618 Butchers Blocks & Building Materials Materials/Supplies 04/20/2022 70.11 Village Streetscape Maintenance Total 5,542.85
Capital Projects 321
83558 Tom Dodson & Associates Castle Rock Trailhead Environmental Services 04/07/2022 3,427.50 83559 Transtech Engineers, Inc. Civic Center ADA Restrooms Professional Services 04/07/2022 680.00 83583 Belson Outdoors, Inc. Rotary Park Furniture 04/14/2022 48,660.83 83586 Butchers Blocks & Building Materials Materials/Supplies Park Improvements 04/14/2022 308.95 83607 Redlands Auto Plaza Vehicle Replacements Step Kits 04/14/2022 2,220.00 83618 Butchers Blocks & Building Materials Materials/Supplies Park Improvements 04/20/2022 339.19 Capital Projects Total 55,636.47
Street Improvement Projects 350
83554 KOA Corporation Moonridge Corridor Construction Design Support 04/07/2022 1,140.00 Street Improvement Projects Total 1,140.00
Check# Vendor/Employee Transaction Amount
Refuse 550
83525 Mission Linen Supply Inc. Laundry Service 03/31/2022 55.92 83536 San Bernardino County Solid Waste Mgmt Division Solid Waste Collection 04/07/2022 25.26 83540 Big Bear Disposal Inc Residential Curb/Bin Service 04/07/2022 180,198.42 83555 Lynn Merrill And Associates, Inc. Professional Services 04/07/2022 2,143.08 83580 Big Bear Disposal Inc Portable Restroom Rental 04/14/2022 101.01 83602 Mission Linen Supply Inc. Laundry Service 04/14/2022 111.60 83613 Transtech Engineers, Inc. Professional Services 04/14/2022 1,512.50 83623 Mission Linen Supply Inc. Laundry Service 04/20/2022 55.62 Refuse Total 184,203.41
Grand Total 2,312,082.60
DISTRIBUTION OF TREASURY CASH Rate Amount % of Total
Demand Account - Union Bank $ 2,761,386 8.97%
Imprest Cash - Union Bank Payroll $ 5,000 0.02%
Imprest Cash $ 1,525 0.00%
Dental Self Insured Checking $ 153,099 0.50%
Local Agency Investment Fund (LAIF) 0.365% $ 27,855,723 90.51% Total Cash In Treasury: $ 30,776,732 100.00%
INVESTMENT ACTIVITY Days Deposits Withdrawals
LAIF Average Life (Days) of Portfolio 340
LAIF Transactions $0 $600,000
Interest Received for Fiscal Year 2021-22 $22,884
DISTRIBUTION OF CASH BY FUND March 2022 February 2022 Change General $ 20,932,950 $ 20,148,881 $ 784,069
Sanitation $ 6,218,791 $ 6,009,576 $ 209,215
Capital Improvement $ 113,791 $ (170,801) $ 284,592
Refuse $ 999,151 $ 1,084,808 $ (85,657)
Trust $ 1,794,850 $ 2,277,768 $ (482,918)
Successor Agency $ 272,963 $ 272,963 $ -
AB 3229 Supp Law Enforce $ 444,236 $ 439,663 $ 4,573
Total Cash in Treasury: $ 30,776,732 $ 30,062,858 $ 713,874 CASH WITH FISCAL AGENT - RESERVE FUNDS Cost Basis Market Value Current Yield 2005 Revenue Refunding Bonds
Big Bear Lake Reserve Fund $ 578,605 $ 578,605 0.23%
Moonridge Reserve Fund $ 79,283 $ 79,283 0.23%
1999 IA Tax Allocation Bonds $ 289,289 $ 289,289 0.23%
- 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
March 31, 2022
Regular Meeting Minutes – April 4, 2022
-

A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 5:15 p.m., Monday, April 4, 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 5:15 p.m., Council adjourned to Closed Session.

At the hour of 6:00 p.m., Mayor Herrick called Open Session to order.

OPEN SESSION
Flag Salute: Flag Salute led by Interim City Manager Jeff Mathieu Invocation: Invocation was led by Jay Walden, Transitional Lead Pastor for Bear Valley Church.

Councilmembers Present: Mayor Rick Herrick
Mayor Pro Tem Bynette Mote
Councilmember Alan Lee
Councilmember Perri Melnick
Councilmember Randall Putz
Others Present: Jeff Mathieu, Interim City Manager
Erica Stephenson, City Clerk
Stephen P. Deitsch, City Attorney

RESULTS OF CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957
Title of Position: Interim City Manager
No Reportable Action.

PUBLIC COMMUNICATIONS
Shawna Pomerleau, Big Bear Lake resident, approached Council regarding her new business - Big Bear Hiking Adventures.

Gloria Meade, Big Bear City resident, thanked Mayor Pro Tem Mote for helping raise over $10k for the Special Olympics at the Polar Plunge event.

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April 4, 2022
Beth Wheat, Big Bear Lake resident, discussed the negative impacts of bullying in schools and the workplace; and indicated that how the City moves forward from recent events is an indicator of the City/Community’s values.

Mickey Peterson, Big Bear City resident, approached Council on behalf of the Big Bear Association of Realtors and addressed comments made by Councilmember Lee and cleared up misinformation that was disseminated by Councilmember Lee in regard to the real estate industry and real estate sales agents.

Liz Harris, Big Bear Lake resident, read aloud a quote by Father Richard Rohr and explained how it relates to the current situation the community is in regarding the vacation rental initiative; implored the community to consider all perspectives and stated that the STR initiative as currently written is harmful for the community.

Kendi Segovia, Big Bear Lake resident, announced that the process to recall Councilmember Lee has officially begun; described a meeting she had with Councilmember Lee and outlined her decision to go forward with the recall initiative.

1. CONSENT CALENDAR

1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 2/23/2022 THROUGH 3/24/2022 IN THE AMOUNT OF $1,394,559.65 AND THE FEBRUARY 2022 TREASURER’S REPORT Approved.

1.2 APPROVAL OF MEETING MINUTES FROM THE FEBRUARY 25, 2022 SPECIAL

MEETING OF CITY COUNCIL
Approved.

1.3 APPROVAL OF MEETING MINUTES FROM THE MARCH 7, 2022 REGULAR MEETING

OF CITY COUNCIL
Approved.

1.4 APPROVAL OF MEETING MINUTES FROM THE MARCH 11, 2022 SPECIAL MEETING

OF CITY COUNCIL
Approved.

1.5 ORDINANCE AMENDING TABLE 17.35.040.A (ACCESSORY USES AND STRUCTURES

PERMITTED IN COMMERICAL 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
City Council will consider adoption of an 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. City Council introduced the ordinance, read the title and waived further reading at the March 7, 2022 regular meeting.

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April 4, 2022
Approved and adopted the following ordinance entitled:

ORINDNANCE NO. 2022-501
ORDINANCE AMENDING TABLE 17.35.040.A (ACCESSORY USES AND

STRUCTURES PERMITTED IN COMMERCIAL AND PUBLIC ZONES) TO

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

CITYWIDE, AND FINDING THE AMENDMENT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

1.6 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
City Council will consider adoption of an ordinance amending the City’s Municipal Code regarding by-district elections to adjust the boundaries of City Council election districts. 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. On March 7, the City Council held the fourth of four required public hearings 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 was provided at the March 7 meeting where Council approved Map 1. In addition, the City Council introduced the ordinance, read the title and waived further reading at the March 7, 2022 regular meeting.

Approved and adopted the following ordinance entitled:

ORDINANCE NO. 2022-502
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

1.7 RESOLUTION AUTHORIZING A BID SOLICITATION FOR STANFIELD CUTOFF

RESTROOM SITE PREPARATIONS
City Council will consider a formal resolution authorizing a bid solicitation for the Stanfield Cutoff Site Improvements for the Installation of the Restroom. In November 2021, the City Council authorized the purchase of a prefabricated public restroom facility for installation at the Stanfield Cutoff Parking Lot. The restroom is currently being fabricated and is scheduled for delivery in July 2022. In order to accommodate the installation, a foundation needs to be prepared and utility connections need to be established. Staff has prepared plans and specifications to complete these preparation activities so that the contractor can complete these efforts prior to the delivery of the restroom. The restroom would then be placed, installed, and connected by the Public Restroom Company, who is building the restroom. Funding is available in the approved Capital Improvement Budget and includes a cost share with Visit Big Bear for half of the total project costs. Staff anticipates

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April 4, 2022
an award of construction contract on June 6 so that these efforts will be completed for the July delivery and installation.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-33

RESOLUTION AUTHORIZING A BID SOLICITATION FOR

STANFIELD CUTOFF RESTROOM SITE PREARATIONS

1.8 RESOLUTION AUTHORIZING A BID SOLICITATION FOR THE FISCAL YEAR 2022-23

STREET REHABILITATION PROJECT
City Council will consider a formal resolution authorizing a bid solicitation for the Fiscal Year 2022- 23 Street Rehabilitation Project. The Annual Street Rehabilitation Project focuses on the overlay and paving of City streets to preserve their lifespan and functionality. The project will be executed by an identified contractor for the roadway preparation efforts and the City’s Public Works Crews will complete the paving activities. Staff anticipates completing paving work on 1.35 miles of City streets for this year and completing other localized specific repairs and drainage improvements. Funding of $1.4 million is included for this project in the Fiscal Year 2022-23 Capital Improvement Budget.

Staff anticipates an award of construction contract on June 6 so that construction may begin in July 2022.

A motion was made by Mayor Pro Tem Mote, seconded by Councilmember Melnick, to pull this item from the Consent Calendar for further discussion.

Said motion was approved by the following vote:

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

1.9 RESOLUTION AUTHORIZING A BID SOLICITATION FOR THE JAY BIRD LANE

SANITARY SEWER MAIN REPLACEMENT PROJECT
City Council will consider a formal resolution authorizing a bid solicitation for the Jaybird Lane Sanitary Sewer Main Replacement Project. The Jay Bird Lane sewer main is approximately 718 linear feet in length along Jay Bird Lane, between Tulip Lane and Edgemoor Road, and the pipeline is suffering from significant root intrusion and frequent back-ups. Staff has designed a project that will replace a portion of the undersized sewer main, add an additional sewer manhole for maintenance and access, and the remaining portion of the line will be rehabilitated utilizing a cured-in-place pipe lining process to correct the root intrusion issues. Staff anticipates an award of construction contract on June 6 so that construction may begin in July 2022.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-34

RESOLUTION AUTHORIZING A BID SOLICITATION FOR THE

JAY BIRD LANE SANITARY SEWER

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April 4, 2022

MAIN REPLACEMENT PROJECT

1.10 RESOLUTION AUTHORIZING STAFF TO ACCEPT AND ADMINISTER FUNDING FROM THE “CA 4 ALL” YOUTH WORKFORCE DEVELOPMENT PROGRAM GRANT

ON BEHALF OF THE SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION City Council will consider a formal resolution authorizing the acceptance, by the City, of a “CA 4 All” Grant on behalf of the Southern California Mountains Foundation. In February 2022, the City partnered with the Southern California Mountains Foundation on the submission of a “CA 4 All” Youth Employment Grant seeking funding for a year round trails crew. The grant will provide youth employment and job development opportunities for youth in the area and the funding would allow for a year round trails crew to assist in the ongoing maintenance of the existing trails network throughout the City of Big Bear Lake and the Valley. The City’s role is to sponsor the application and administer the funding on behalf of the Foundation and the City’s costs would be covered through the grant. The grant has been awarded in the amount of $1,467,000 and the establishment of the trails crew would begin on July 1, 2022.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-35

RESOLUTION AUTHORIZING STAFF TO ACCEPT AND ADMINISTER
FUNDING FROM THE “CA 4 ALL” YOUTH WORKFORCE

DEVELOPMENT PROGRAM GRANT ON BEHALF OF THE

SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION

1.11 RESOLUTION AUTHORIZING A CONSTRUCTION CONTRACT WITH CHRISP

COMPANY FOR THE ANNUAL STREET STRIPING PROJECT
City Council will consider a formal resolution authorizing a construction contract with Chrisp Company, Fremont, CA, for the Annual Street Striping Project, for an amount not to exceed $32,251.

This project includes striping of the white and yellow long lines and stop legends throughout the City and funding is included, annually, in the Capital Improvement Program budget. This work would proceed as soon as the weather conditions allow and will refresh the striping that has worn down throughout the winter. The prices received for this project were well below the engineer’s estimate and approved budget. As such, staff is recommending the award of the full budgeted amount to allow for additional striping to be done, as needed, throughout the City at the competitive unit costs received.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-36

RESOLUTION AUTHORIZING A CONSTRUCTION CONTRACT

WITH CHRISP COMPANY FOR THE

ANNUAL STREET STRIPING PROJECT

1.12 WAIVING ATTORNEY-CLIENT PRIVILEGE FOR THE DOCUMENTS USED IN

PREPARATION FOR THE RESOLUTION OF REPRIMAND OF COUNCILMEMBER LEE

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April 4, 2022
City Council will consider waiving attorney-client privilege concerning two emails forwarded by Councilmembers to the City Attorney concerning preparation materials for the Resolution of Reprimand of Councilmember Lee. On March 7, 2022, the City Council adopted the Resolution of Reprimand that included much of the information referenced in these two emails. Per the City Attorney’s opinion, the information contained in the two subject emails does not appear to compromise the City’s interests. As a result, the City Attorney recommends that the City Council waive the attorney-client privilege applicable to the two subject emails in this instance.

Approved.

ITEMS REMOVED FROM THE CONSENT CALENDAR

1.8 RESOLUTION AUTHORIZING A BID SOLICITATION FOR THE FISCAL YEAR 2022-23

STREET REHABILITATION PROJECT
City Council will consider a formal resolution authorizing a bid solicitation for the Fiscal Year 2022- 23 Street Rehabilitation Project. The Annual Street Rehabilitation Project focuses on the overlay and paving of City streets to preserve their lifespan and functionality. The project will be executed by an identified contractor for the roadway preparation efforts and the City’s Public Works Crews will complete the paving activities. Staff anticipates completing paving work on 1.35 miles of City streets for this year and completing other localized specific repairs and drainage improvements. Funding of $1.4 million is included for this project in the Fiscal Year 2022-23 Capital Improvement Budget.

Staff anticipates an award of construction contract on June 6 so that construction may begin in July 2022.

Sean Sullivan, Director of Public Services, gave a brief presentation and clarified the increase in material costs for the project in comparison to last year’s project cost; answered Council’s questions.

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

RESOLUTION NO. 2022-37

RESOLUTION AUTHORIZING A BID SOLICITATION FOR THE
FISCAL YEAR 2022-23 STREET REHABILITATION PROJECT
Said motion was approved by the following vote:

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

A Motion made by Councilmember Melnick, seconded by Mayor Pro Tem Mote, to approve the balance of the Consent Calendar, with Mayor Pro Tem Mote voting “No” on Item 1.6 and Councilmember Lee voting “No” on Item 1.6 and Item 1.7.

Said motion was approved by the following vote:

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

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April 4, 2022
ABSTAIN: None
ABSENT: None
2 DISCUSSION/ACTION ITEMS

2.1 MOONRIDGE CORRIDOR IMPROVEMENTS PROJECT
A. Construction Update
Staff will provide a written and verbal report on the construction schedule, anticipated impacts, and mitigation efforts. Construction is scheduled to resume on April 18, 2022 and will continue through September. The planned schedule, which relies heavily on mitigated impacts, indicates that the project will be completed in the fall of 2022. Staff will review the schedule, overview the anticipated construction impacts and the steps being taken to mitigate them. Finally, staff will also review the communication and coordination plans that are being implemented to ensure the success of this project. Staff is working through an ongoing and evolving public engagement process to ensure that information related to this project is current and readily available to all stakeholders.

Staff will also take comments and questions on these items.

B. Review of Selected Furnishings, Fixtures, and Amenities Staff will provide an overview of the amenity selection process and review the final selections made by the identified sub-committee for these efforts.

C. Authorization to Execute Easements for Drainage and Sidewalk Purposes Resulting from the Construction Project
Staff is seeking approval from the City Council to execute approximately six (6) easements for drainage and sidewalk purposes from properties in and around the Moonridge Corridor. In order to complete the establishment of all identified improvements, the City will need to obtain easements from these properties ranging in size from twelve square feet to one hundred square feet, for the purposes of subsurface drainage infrastructure and portions of the public sidewalk.

Staff has finalized the terms of the easements with most of the property owners and is seeking authorization to execute all necessary documents accordingly.

Sean Sullivan, Director of Public Services, presented the item and answered a myriad of Council’s questions.

Mayor Herrick invited up speakers who wanted to speak on this item. The following individuals approached Council:

Janet Stevens-Moore, Big Bear Lake resident, said she supports the project but expressed some concerns with the project including the elimination of multiple driveways and parking spaces off Moonridge Road – including the driveway to the building in which her business is located in.

Sarah Gonzalez, Big Bear resident, expressed her concerns regarding the elimination of the driveway to her business from Moonridge Road; asked if the City could approach the ski resorts in an effort to re-route the shuttle traffic to Bear Mountain to help alleviate winter traffic concerns.

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

RESOLUTION NO. 2022-38

RESOLUTION AUTHORIZING STAFF TO EXECUTE

EASEMENTS WITH SIX PARCELS ASSOCIATED WITH THE

MOONRIDGE CORRIDOR IMPROVEMENTS PROJECT
Said motion was approved by the following vote:

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

2.2 RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH DKS

ASSOCIATES FOR THE COMMUNITY VISIONING PROCESS
City Council will consider a formal resolution authorizing the execution of a contract with DKS Associates, Anaheim, CA, for an amount not to exceed $198,875 for the facilitation of the upcoming community visioning process. The community visioning process will include significant community and stakeholder engagement, and result in the development of a new community vision and action plan.

The new community vision will define the City of Big Bear Lake’s identity and its future goals as a community, and will serve as precursor to the development of a new General Plan over the next few years.

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

Following Council discussion, Mayor Herrick invited up speakers who wanted to speak on this items. The following individuals approached Council:

Jim Eakin, Big Bear City resident, shared his experiences as a Planning Commissioner for the City of Rancho Santa Margarita; thinks it’s a good idea to enter into a contract with a consulting firm.

Michael Beveridge, Big Bear Lake resident, provided some insight as to why the Selection Committee is recommending DKS Associates to facilitate the City’s Community Visioning Process.

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. 2022-39

RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES

AGREEMENT WITH DKS ASSOCIATES FOR THE COMMUNITY

VISIONING PROCESS
Said motion was approved by the following vote:

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

2.3 RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH

PECKHAM & MCKENNEY FOR THE RECRUITMENT OF THE CITY MANAGER AND

DIRECTOR OF TOURISM MANAGEMENT POSITIONS
City Council will consider a formal resolution authorizing the Interim City Manager to enter into a Professional Services Agreement with Peckham & McKenney for professional recruitment services to fill both the City Manager and Director of Tourism Management positions. The proposed resolution is also seeking Council’s authorization to appropriate funds in an amount not to exceed $52,000 from the General Fund for these professional recruitment fees. Peckham & McKenney has a strong and wellrecognized reputation as a leader in local government recruitments and has a proven successful track record filling our City Manager positions over the past two decades.

Erica Stephenson, City Clerk, presented the item and answered Council’s questions.

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

RESOLUTION NO. 2022-40

RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES

AGREEMENT WITH PECKHAM & MCKENNEY FOR THE

RECRUITMENT OF THE CITY MANAGER AND DIRECTOR OF

TOURISM MANAGEMENT POSITIONS
Said motion was approved by the following vote:

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

3. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS

3.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
Jeff Mathieu, Interim City Manager, pointed out that the City’s newsletter, Elevation 6752’, will begin being offered on a more frequent basis than once a month; asked for Council’s feedback related to the newsletter.

Erica Stephenson, City Clerk, thanked Jeff Mathieu for returning as Interim City Manager.

3.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Lee sought clarification on what can be shared during Councilmember comments.

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Mayor Pro Tem Mote reported on the March 8 Economic Development Advisory Committee Meeting, the March 23 Big Bear Area Regional Wastewater Agency Board meeting, and the Polar Plunge event in which she and Mayor Herrick represented the City.

Mayor Herrick displayed a Certificate of Recognition for the Blanche and Gene Nay Foundation provided by San Bernardino County Third District Supervisor Dawn Rowe.

ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting in honor of Keith Tasker at 7:57 pm to an Adjourned Regular Meeting on Monday, April 18, 2022 beginning at 10 a.m.
____________________________
Erica Stephenson, City Clerk
Joint Meeting of City Council and Planning Commission and Adjourned Regular Meeting Minutes – April 18, 2022

-

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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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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Meeting Minutes
April 18, 2022
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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Meeting Minutes
April 18, 2022

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.
____________________________
Erica Stephenson, City Clerk

MEETING
DATE: May 2, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Erica Stephenson, City Clerk/Director of Human Resources SUBJECT: Resolution Establishing A New Code Compliance Manager Position

BACKGROUND
In April 2020, the City Council established the Tourism Management Department in order to place a strong focus on the management of tourism-related impacts in our community. Some of the key aspects of this new Department included increased code compliance staffing to oversee the vacation rental program, actively monitoring vacation rental activities, facilitating compliance, in-house call processing/dispatch, and promptly responding to all complaints. Under the leadership of the Director of Tourism Management, this department has significantly reduced the number of vacation rental related citizen complaints and proactively works to maintain a respectful balance in our residential neighborhoods. Due to the 24/7 nature of these compliance efforts, oversight of this operation requires weekend, holiday and night coverage which could be enhanced with the addition of a hands on manager who would be scheduled to work an alternative schedule.

DISCUSSION
Prior to the recent resignation of the Director of Tourism Management, he had initiated discussions with the Director of Administrative Services and former City Manager regarding the need for a new position to be included in the proposed FY 2022-23 Budget. He explained this position could provide needed technical support, training and direction to Code Compliance Officers and quickly address situations in the field when a higher level of authority is required. Typically, such situations occur on nights, weekends and holidays, which are outside of the City’s business hours. By adding an exempt manager to this Department to work an alternative schedule, the compliance staff and community would have enhanced after-hours support and the Director could focus on more of the policy and administrative aspects of the compliance efforts, in addition to the other important tourism related functions (i.e. TOT collection) that occur during the workweek.

The addition of a Code Compliance Manager was discussed at the April 18 City Council meeting, where staff took the opportunity to explain the operational need and suggested schedule for this proposed position. Staff is requesting that Council approve this personnel addition outside of the typical budget adoption process, so that this recruitment could begin in early May. Staff feels it would be beneficial to have this position in place prior to the increased summer visitation, to ensure a continued focus and enhanced effort on mitigating visitor impacts throughout our community.

FISCAL IMPACT
It is anticipated that the recruitment and employment process required to fill this position will take several weeks and the selected candidate won’t be hired until the end of FY 2021-22. Therefore, due to current salary savings attributed to staffing vacancies, a budget amendment would not be necessary to fund this new position for the last few weeks of this fiscal year. In FY 2022-23, this position would be added to the City’s adopted Full-time equivalent (FTEs) staffing and included in the budget appropriations. The current estimated annual cost for this position is approximately $175,000.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under the California Environmental Quality Act.

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution establishing a new Code Compliance Manager position within the City organization.

ATTACHMENT

1. Resolution No. 2022-XX
ATTACHMENT 1

RESOLUTION NO. 2022-XX

RESOLUTION ESTABLISHING A NEW

CODE COMPLIANCE MANAGER POSITION
WHEREAS, in April 2020, the City Council established the Tourism Management Department in order to place a strong focus on the management of tourism-related impacts in our community; and
WHEREAS, over the past two years, this Departments’ hard work and dedication has resulted in a significant reduction of vacation rental complaints in our community; and WHEREAS, due to the 24/7 nature of these compliance efforts, oversight of this operation requires weekend, holiday and night coverage which staff believes could be enhanced by a Code Compliance Manager that would have the knowledge and authority to promptly address compliance situations that occur outside of normal business hours; and WHEREAS, staff has proposed the addition of a Code Compliance Manager position to the City’s workforce.

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

1. A new Code Compliance Manager position is hereby authorized.

2. The attached job description and salary range required for the Code Compliance Manager position are hereby approved.

PASSED, APPROVED AND ADOPTED this 2nd day of May, 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 2nd day of May, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

CODE COMPLIANCE MANAGER
DEFINITION:

Under general direction, this position manages, oversees, reviews, plans and performs complex enforcement efforts; interprets codes, laws, regulations and ordinances to ensure comprehensive and effective enforcement; mentors and develops compliance personnel on the delivery of customer service, dealing effectively with angry and noncooperative persons to gain voluntary compliance, works well under pressure, is proactive and solution oriented; compiles meaningful reports that measure the departments’ effectiveness; provides highly responsible and complex assistance with special projects and other related work, as assigned.

DISTINGUISHING CHARACTERISTICS:

The Code Compliance Manager, is a management level position responsible for a wide variety of professional and enforcement efforts, is focused on solution oriented customer service delivery and staff development. Assignments are broad in scope and involve significant accountability and decision-making responsibility on issues which are complex, interpretive, and have citywide impact. The work of this position involves the ability to interpret various codes, regulations and laws, to exercise good judgement and act independently when faced with angry or noncooperative persons, and to be discrete and maintain confidentiality.

SUPERVISION RECEIVED/EXERCISED:

Direction is received from the Director of Tourism Management and/or the City Manager’s designee.

Incumbent exercises direct supervision over lower level professional, technical and clerical staff.

ESSENTIAL FUNCTIONS: (include but are not limited to the following) • Oversees and provides direction in the management and enforcement of all City Code Compliance matters; including but not limited to the vacation rental program, identifying public nuisances, and issuing civil fines when administrative remedies are being implemented to gain code and permit compliance. • Personally manages and/or closely oversees all aspects of complex code compliance cases; which includes performing a full array of property investigations/inspections; determining existence and type of code violations; compiling and evaluating findings of investigations/inspections; coordinating corrective action with property owners and other regulatory agencies; performing follow-up investigations/inspections as required; ensuring compliance is gained with all applicable municipal codes and regulations; issuing citations for noncompliance; and issuing stop work orders as necessary. • Resolves service issues and complaints; interprets, applies and explains applicable municipal codes, zoning ordinances, building codes, vehicle codes, state housing, health and safety codes and other related laws, Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification.

In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.

CITY OF BIG BEAR LAKE
Code Compliance Manager
Job Description -Page 2
and regulations to the public, departmental staff, and other agencies; advises property owners on the requirements for compliance; explains processes and procedures for obtaining compliance or appropriate permits.
• Oversees the enforcement of parking regulations related to snow removal operations; cites violators and coordinates vehicle towing when necessary.
• Evaluates and reviews code compliance procedures to identify opportunities for improving service delivery methods; develops systems to enhance departmental efficiency; demonstrates the ability to effectively adjust service and staffing levels in relation to fluctuating tourism/visitation. • Ensures staff is maintaining daily logs and comprehensive records regarding enforcement activities, inspections, complaints and investigations; prepares a variety of correspondence including notices of violations and follow-up letters; analyzes statistical information related to program activities and prepares related reports.
• Photographs violations; gathers evidence and prepares cases for court proceedings; produces photographs and records of violations for evidence; files criminal complaints in court when necessary with management approval; represents the City in court regarding noncompliance if required. • Assists with the selection, orientation, motivation and evaluation programs for the City’s Code Compliance personnel; provides or coordinates staff training; supervises the staffs’ work assignments; identifies and resolves staff deficiencies.
• Participates in the development of the Code Compliance Officers’ work plan; assigns work activities, projects and programs; monitors work flow; reviews and evaluates work product, method and procedures, ensuring the department’s goals and objectives are met. • Responds to the more challenging questions and concerns from the general public, contractors, vendors, and outside agencies; provides information as appropriate and resolves public service or operational complaints; establishes and maintains a positive customer service orientation within the department. • Exhibits strong customer service skills and works to establish positive working relationships with representatives of community organizations, state/local agencies, City management and staff, and the public.
• Participates in relevant professional organizations; maintains awareness of new trends and developments in the municipal code compliance field; incorporates new procedures as needed. • Performs other related duties as required and necessary for the successful performance of this position.

PHYSICAL, MENTAL, AND ENVIRONMENTAL WORKING CONDITIONS:

Position requires prolonged or intermittent sitting, standing, walking on level and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping, making repetitive hand movements, and using a computer in the performance of daily duties. Additionally, the position requires both near and far vision when addressing complaints, making inspections, and reading written reports and work related documents. Acute hearing is required when providing phone and personal service. The ability to lift,

CITY OF BIG BEAR LAKE
Code Compliance Manager
Job Description -Page 3

carry, and push tools, equipment, and supplies weighing 35 pounds or more is also required. When working outdoors, the incumbent may encounter extreme weather conditions, including wet, hot, cold, wind, snow, and ice. Incumbents may frequently deal with irate members of the public and work with constant interruptions.

The nature of the work also requires the incumbent to drive motorized vehicles, work in heavy vehicle traffic conditions and often work with constant interruptions. The noise level in the work environment is usually quiet to moderate when indoors and moderate to loud when outdoors. The incumbent will be required to work nights, weekends, holidays and be available to respond to afterhours emergency call-outs.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.) Education and/or Experience:

Any combination of education and experience that has provided the knowledge, skills, and abilities necessary for a Code Compliance Manager. A typical way of obtaining the required qualifications is to possess five (5) years of increasingly responsible professional experience involving compliance with a variety of codes, laws, regulations, permits and ordinances, including zoning, housing or building inspection or investigation. In addition, a minimum of three (3) years supervisory experience and a high school diploma or equivalent is required. A bachelor’s degree from an accredited college or university, in Public Administration, Criminal Justice, or a closely related field is preferred.

License/Certificate:

Possession of, or ability to obtain, a valid Class C California driver’s license. Possession of, or ability to obtain a PC 832 certificate within six months of employment and continued maintenance of this certification.

KNOWLEDGE/ABILITIES/SKILLS: (The following is a representative sample of the KAS’s necessary to perform essential duties of the position.)
Knowledge of:

Modern principles, practices, and methods used in the enforcement of a variety of codes, laws, regulations, permits and ordinances, including housing and building codes, business license codes, fire codes, and health laws; methods and techniques of training and motivation; practices and methods to encourage voluntary compliance to regulations and codes; techniques of calming angry and upset homeowners and/or tenants; methods and techniques used in enforcement, investigation and inspections; law enforcement procedures and administrative techniques; rules of evidence and court procedures; basic principles of mathematics; applicable federal, state and local laws, codes, ordinances and regulations; methods and techniques of scheduling work assignments; standard office procedures, practices, and equipment; modern office equipment, including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling, and grammar; occupational hazards and standard safety practices.

Ability to:

Lead, oversee and perform complex code enforcement work; effectively manage, coordinate and review the work of professional, technical and clerical personnel; perform complex interpretation of

CITY OF BIG BEAR LAKE
Code Compliance Manager
Job Description -Page 4

codes, laws, regulations and ordinances; inspect and analyze a variety of buildings and properties and identify code violations; appropriately apply codes and regulations to varying situations; effectively deal with angry and noncooperative people to gain voluntary compliance with codes and ordinances; calm emotional situations; work well under pressure, be proactive, discreet and able to maintain confidentiality on appropriate issues; keep up with changing laws, codes, ordinances, and regulations; learn more complex principles, practices, techniques, and regulations pertaining to assigned duties; facilitate appropriate corrective action from property owners regarding violations; perform mathematical calculations quickly and accurately; implement, explain and apply applicable laws, codes, and regulations; read, interpret, and record data accurately; organize, prioritize, and follow-up on work assignments; work independently and as part of a team; establish and maintain cooperative working relationships with management, staff, other agencies, and the public; prepare a variety of timely accurate reports and analyses as required; make sound decisions within established guidelines; analyze a complex issue and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing.

Skill to:

Operate standard office equipment, including a computer and variety of word processing and software applications, as well as proprietary software designed specifically for compliance efforts.

PROPOSED FY 2021-22 CODE COMPLIANCE MANAGER SALARY RANGE

Code Compliance Manager Step 1 Step 2 Step 3 Step 4 Step 5 Hourly $43.95 $46.15 $48.46 $50.88 $53.42
Monthly $7,618.00 $7,999.33 $8,399.73 $8,819.20 $9,259.47 Annually $91,416.00 $95,922.00 $100,796.80 $105,830.40 $111,113.60

MEETING
DATE: May 2, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sue O’Strander, Director of Community Development Janice Etter, Sr. Principal Planner
SUBJECT: Resolution to Authorize Changing the 2022 Memorial Day Fireworks Display to a Drone Light Show

BACKGROUND
In March of this year, the City Council adopted Resolution 2022-21 to exempt a Memorial Day weekend fireworks display from permitting requirements under the Special Events Ordinance.

This allowed the expeditious planning of the event to occur.

Recently, Michael Perry, CEO of Visit Big Bear, became concerned about the potential adverse impact that the fireworks noise may have on the baby eagle, Spirit, born to the Valley’s resident bald eagles, Jackie and Shadow, in Fawnskin approximately 7 weeks ago. Because of this, Visit Big Bear is requesting to change the Memorial Day weekend fireworks display to a Drone Light Show. This change pertains to Memorial Day weekend only. The 4th of July and Labor Day events will remain fireworks shows.

The drone light show will occur on the same date and time as the previously planned fireworks display, on Sunday, May 29, 2022, at dusk or shortly thereafter. According to the event promoter, the show will be visible from the same vantage points as the typical 4th of July fireworks show.

Visit Big Bear has received approval from the Federal Aviation Administration (FAA) and the Big Bear Airport manager for a drone light show. The show is proposed to be staged and launched from the lake bottom west of the Pine Knot Landing Marina, pending authorization from the Municipal Water District. The show is approximately 12 minutes in length. The drone company has provided a link to a video showing a set-up that would be similar to the proposed event. Please click on the link below to view the video:
https://youtu.be/zWu0iuvTgAQ
Today’s item requests that the Council substitute a drone light show in place of a fireworks show and requests that the drone light show be determined to be exempt from the Special Event ordinance permitting requirements, so that planning of the event can proceed quickly.

DISCUSSION
The objectives of the Special Events Ordinance and its permitting requirements include promoting and protecting 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 drone light show will be produced by Visit Big Bear along with assistance from the City Public Works Department, MWD, and the Sheriff’s Department. Time is of the essence to schedule volunteers and coordinate with other Valley agencies, Therefore, we request that the City Council adopt the attached resolution substituting the Memorial Day fireworks show for a drone light show and exempting the show from the 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 weekend drone light show includes minimal staff time in helping to plan and produce the event, in-kind services by the Public Works Department, and traffic control by the Sheriff’s department if determined to be necessary.

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 drone light 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. The Memorial Day weekend drone light show is determined to be similar to these events. Therefore, a Notice of Exemption is attached to this report as Attachment 2.

ATTACHMENTS

1. Resolution No. 2022-XX

2. Notice of Exemption
ATTACHMENT 1

RESOLUTION NO. 2022-XX
RESOLUTION TO AUTHORIZE CHANGING THE 2022 MEMORIAL

DAY FIREWORKS DISPLAY TO A DRONE LIGHT SHOW
WHEREAS, the City Council considered and adopted Resolution 2022-21 exempting the Memorial Day weekend fireworks display from permitting requirements under the Special Events Ordinance; and,
WHEREAS, a concern was raised regarding a potential adverse impact of noise associated with fireworks upon the baby eagle born in Fawnskin approximately 7 weeks ago. Therefore, the event promoter requests to substitute a Drone Light Show in place of the fireworks show; and WHEREAS, Visit Big Bear wishes to work with the City to produce a Memorial Day Drone Light Show to kick off the summer season; 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 shows. Visit Big Bear and the City will be planning and producing the Memorial Day weekend event. The City and its partners are confident that they can produce a 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 drone company, schedule volunteers, and coordinate with affected agencies.

NOW, THEREFORE, BE IT RESOLVED by the City Council that a Drone Light Show may be substituted for the previously approved fireworks show on the Memorial Day weekend and that the show is 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 2nd day of May, 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 2nd day of May, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ATTACHMENT 2

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 substituting a drone light show for the previously approved fireworks show on Memorial Day weekend and exempting the drone 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 substituting a Drone Light Show for the previously approved fireworks show and determining that a City-produced Memorial Day drone 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 May 2, 2022
Signature Date
4 MEETING
DATE: May 2, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sean Sullivan, Director of Public Services
SUBJECT: Resolution Ordering the Preparation of an Engineer’s Report and Resolution of Intent to Levy and Collect Assessments Within the Village Maintenance Assessment District No. 1-92

BACKGROUND
The Village Maintenance District No. 1-92 (District) was formed to provide funding for the maintenance of the Village streetscape improvements on Village Drive and Pine Knot Avenue, such as landscape and sidewalk maintenance. The District is governed by the Landscaping and Lighting Act of 1972, which specifies procedures for implementing and managing the District.

Each year, an Engineer’s Report, prepared by a registered Professional Engineer, must be prepared and submitted to the City Council to establish assessments for each parcel within the District. A Resolution Ordering the Preparation of an Engineer’s Report must first be approved each year, followed by a Resolution of Intention that sets a public hearing for a later date. The intent of the public hearing is to receive any protests regarding the District assessments.

On June 21, 2021, the City Council adopted Resolution No. 2021-80, which established the rate implementation for Village Maintenance District No. 1-92 covering Fiscal Year 2021/22 through Fiscal Year 2025/26. The rates for the forthcoming assessment for Fiscal Year 2022/23 will be implemented according to this resolution, which was adopted pursuant to a Proposition 218 majority protest process.

DISCUSSION
The Village Maintenance District (District) No. 1-92 provides for critical maintenance and upkeep within the Village area, focused on streetlights, sidewalks, ornamental structures, and landscaping.

The work included under these elements includes routine items such as snow removal, streetlight maintenance and lamp replacement, maintenance and replacement of signs and other decorative facilities. In addition, there is a large focus on sweeping, pressure washing, litter collection and trash removal, and graffiti abatement. These efforts are focused along Village Drive and Pine Knot Avenue, which are the primary areas of the Village experiencing the heaviest visitor traffic.

The District was established in 1992 pursuant to the requirements of the Landscaping and Lighting Act of 1972. In 1996, California Voters approved Proposition 218, the Right to Vote on Taxes Act, which added further requirements to the levying of assessments, including that all assessments must be approved by at least 50 percent of the ballots cast by property owners subject to the assessments. All actions to be taken on the adjustment of any assessments, new or existing, must be supported by a detailed Engineer’s Report. The Engineer’s Report, to be prepared by a registered Professional Engineer, shall include a description of the district, a scope of the maintenance activities to take place within the district, and the budget required to complete those activities. The accompanying Engineer’s Report for Fiscal Year 2022/23 was prepared under the direction and supervision of the City Engineer.

The Engineer’s Report outlines assessments based upon both General Benefits and Special Benefits. A general benefit is something that would benefit the public at large in the area, whether they own properties or not, while a special benefit is derived from the property owners in the area due to enhanced maintenance efforts that directly benefit their properties. The current ratio determining the special benefit and general benefit is 44% special benefit and 56% general benefit.

As such, the collected assessment from the parcel owners would represent 44% of the revenue and expense for the operation of the District. The City would contribute the remaining 56% of the revenue to satisfy the general benefit element.

In an effort to bring the assessments within the District to a level consistent with the costs of rendering the maintenance services within this area, a five-year incremental increase to the assessments beginning in Fiscal Year 2021/22 was approved by the District assesses in June 2021.

The rate structure outlined below was presented to the City Council and was ultimately adopted pursuant to a Proposition 218 majority protest process. On June 21, 2021, the City Council adopted Resolution 2021-80 approving the below rate schedule for the Village Maintenance District No. 1-92 through Fiscal Year 2025/26.

Year FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 Assessment Rate $ 23.00 $ 28.00 $ 33.00 $ 38.00 $ 43.00 Total Collection $ 118,266 $ 143,976 $ 169,686 $ 195,396 $ 221,106 Pursuant to the adopted rate schedule, the assessment for Fiscal Year 2022/23 will be $28.00 per linear foot of property frontage. The adopted rate over the 5,142 linear feet of assessed frontage will generate $143,976 in assessment for the upcoming Fiscal Year. Pursuant to the established 44% special benefit / 56% general benefit distribution, the general benefit contribution for this period will be $183,260 for a total District revenue of $327,236. The estimated District expenditures for Fiscal Year 2022/23 are approximately $500,000.

FISCAL IMPACT
In conjunction with the implementation of the outlined District Assessments for Fiscal Year 2022/23, the District revenue will be $327,236, with total estimated expenditures of approximately $500,000.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under the California Environmental Quality Act (CEQA).

RECOMMENDATION
It is recommended that the City Council adopt a Resolution ordering the preparation of an Engineer’s Report for the Village Maintenance Assessment District and a Resolution of Intent to Levey and Collect Assessments within the Village Maintenance District No. 1-92.

ATTACHMENTS

1. Resolution No. 2022-XX

2. Resolution No. 2022-XX

3. Village Maintenance Assessment District No. 1-92 Fiscal Year 2022/23 Engineer’s Report

4. Village Maintenance Assessment District No. 1-92 Fiscal Year 2022/23 Assessment Table ATTACHMENT 1

RESOLUTION NO. 2022-XX

RESOLUTION ORDERING THE PREPARATION OF AN
ENGINEER’S REPORT FOR VILLAGE MAINTENANCE
ASSESSMENT DISTRICT NO. 1-92
WHEREAS, pursuant to the Landscape and Lighting Act of 1972 (Division 15, Part 2 of the California Streets and Highways Code; the “Act”), the City Council of the City of Big Bear Lake formed Assessment District 23-91 for the purpose of financing the construction of streetscape improvements (the “Village Improvements”) in the Village Specific Plan area; and, WHEREAS, the City Council desires a portion of the revenues for the maintenance of the Village Improvements to be collected from the properties benefiting from the Village Improvements; and, WHEREAS, the Act authorizes formation of a Landscaping, Lighting, and Maintenance District for, among other things, maintenance of sidewalks, medians, parkways, slopes, open spaces, public parks, and street lights on the basis of benefits received; and, WHEREAS, on July 1, 1992, the City Council adopted Resolution No. 92-55, which ordered the formation of the City of Big Bear Lake Maintenance District No. 1-92 (Village Streetscape Improvements) pursuant to the Landscaping and Lighting Act of 1972 for the maintenance of the Village improvements; and
WHEREAS, the City Council of the City of Big Bear Lake intends to continue the maintenance and servicing of the improvements and assess the properties within the district the partial costs of the maintenance and servicing; and
WHEREAS, Section 22622 of the Streets and Highways Code, State of California, requires that prior to levying the assessment in any year, the City Council must first adopt a resolution ordering the preparation of an Engineer’s Report outlining the assessments to be levied against the properties within the assessment district; and
WHEREAS, Proposition 218, the Right to Vote on Taxes Act, was approved by the voters on November 5, 1996, added Articles XIIIC and XIIID to the California Constitution (The Articles) which requires among other things, that beginning July 1, 1997, all existing assessments must be approved by at least 50 percent of the ballots cast by record owners subject to the assessment, with an exception for assessments which are used to operate and maintain streets and sidewalks, provided the assessments are not increased; and
WHEREAS, sidewalks, parkways, medians, open spaces, street trees, streets, streetlights, landscaping, furniture and signs, and energy charges for intersection and mid-block lighting are installed, maintained, and operated for street purposes, and continued assessments for these uses do not require a vote provided that the assessments are not increased, except for the cost-of-living adjustment factor as per the Act and Articles; and
WHEREAS, a rate schedule was adopted for the implementation of rate adjustments to the assessments beginning in Fiscal Year 2021/22 and continuing through Fiscal Year 2025/26 pursuant to the following schedule:

Year FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Assessment $ 18.01 $ 23.00 $ 28.00 $ 33.00 $ 38.00 $ 43.00 WHEREAS, the above described assessments were adopted pursuant to a Proposition 218 majority protest process in June 2021 whereby a Resolution of Intent was adopted on May 3, 2021 and a majority protest hearing was scheduled for June 21, 2021; and, WHEREAS, on June 21, 2021 the City Council of the City of Big Bear Lake considered the above described rate schedule for Village Maintenance Assessment District 1-92 and at the time of the hearing determined that a majority protest did not exist; and, WHEREAS, the adopted rate schedule sets the assessment at $28.00 per linear foot for the assessments of Fiscal Year 2022/23.

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

1. Improvements. The City Council proposes no new or substantial changes to the improvements funded by the assessment.

2. Engineer’s Report. The City Council hereby orders the preparation of an Engineer’s Report for Village Maintenance District 1-92.

PASSED, APPROVED AND ADOPTED this 2nd day of May, 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 2nd day of May, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ATTACHMENT 2

RESOLUTION NO. 2022-XX

RESOLUTION OF INTENT TO LEVY AND COLLECT

ASSESSMENTS WITHIN THE VILLAGE MAINTENANCE
ASSESSMENT DISTRICT NO. 1-92
WHEREAS, pursuant to the Landscape and Lighting Act of 1972 (Division 15, Part 2 of the California Streets and Highways Code; the “Act”), the City Council of the City of Big Bear Lake formed Assessment District 23-91 for the purpose of financing the construction of streetscape improvements (the “Village Improvements”) in the Village Specific Plan area; and, WHEREAS, the City Council desires a portion of the revenues for the maintenance of the Village Improvements to be collected from the properties benefiting from the Village Improvements; and, WHEREAS, the Act authorizes formation of a Landscaping, Lighting, and Maintenance District for, among other things, maintenance of sidewalks, medians, parkways, slopes, open spaces, public parks, and street lights on the basis of benefits received; and, WHEREAS, on July 1, 1992, the City Council adopted Resolution No. 92-55, which ordered the formation of the City of Big Bear Lake Maintenance District No. 1-92 (Village Streetscape Improvements) pursuant to the Landscaping and Lighting Act of 1972 for the maintenance of the Village improvements; and
WHEREAS, the City Council of the City of Big Bear Lake intends to continue the maintenance and servicing of the improvements and assess the properties within the district the partial costs of the maintenance and servicing; and
WHEREAS, Section 22622 of the Streets and Highways Code, State of California, requires that an Engineer’s Report be prepared and filed annually, outlining the assessments to be levied against the properties within the assessment district; and
WHEREAS, Proposition 218, the Right to Vote on Taxes Act, was approved by the voters on November 5, 1996, added Articles XIIIC and XIIID to the California Constitution (The Articles) which requires among other things, that beginning July 1, 1997, all existing assessments must be approved by at least 50 percent of the ballots cast by record owners subject to the assessment, with an exception for assessments which are used to operate and maintain streets and sidewalks, provided the assessments are not increased; and
WHEREAS, sidewalks, parkways, medians, open spaces, street trees, streets, streetlights, landscaping, furniture and signs, and energy charges for intersection and mid-block lighting are installed, maintained, and operated for street purposes, and continued assessments for these uses do not require a vote provided that the assessments are not increased, except for the cost-of-living adjustment factor as per the Act and Articles; and
WHEREAS, a rate schedule was adopted for the implementation of rate adjustments to the assessments beginning in Fiscal Year 2021/22 and continuing through Fiscal Year 2025/26 pursuant to the following schedule:

Year FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Assessment $ 18.01 $ 23.00 $ 28.00 $ 33.00 $ 38.00 $ 43.00 WHEREAS, the above described assessments were adopted pursuant to a Proposition 218 majority protest process in June 2021 whereby a Resolution of Intent was adopted on May 3, 2021 and a majority protest hearing was scheduled for June 21, 2021; and, WHEREAS, on June 21, 2021 the City Council of the City of Big Bear Lake considered the above described rate schedule for Village Maintenance Assessment District 1-92 and at the time of the hearing determined that a majority protest did not exist; and, WHEREAS, the adopted rate schedule sets the assessment at $28.00 per linear foot for the assessments of Fiscal Year 2022/23.

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

1. Intention. The City Council hereby declares its intention to order the continuing maintenance and servicing of sidewalks, streets, and street landscaping pursuant to the Landscaping and Lighting Act of 1972, and to continue to levy and collect annual assessments on all such land to pay the partial costs of maintenance and servicing of sidewalks, streets, and street landscaping improvements on the land described in the Engineer’s Report.

2. Boundaries. The boundaries of the maintenance district are depicted in the Engineer’s Report and include properties fronting on:
(1) Village Drive from Stocker Avenue to a point approximately 1,513 feet westerly to Bonanza Drive, and the east side of Bonanza Drive from Village Drive to a point approximately 100 feet north of Village Drive. (2) Pine Knot Avenue from Big Bear Boulevard to Cameron Drive.

3. Designation. The maintenance district has been designated and shall be known as “Village Maintenance District No. 1-92 (Village Streetscape Maintenance) of the City of Big Bear Lake, County of San Bernardino, State of California.”

4. Report. The Report has been prepared and is on file with the City Clerk and contains all matters required by Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the Streets and Highways Code, including (1) a full and detailed description of the improvements, (2) the boundaries of the maintenance district, and (3) the proposed assessments upon assessable lots and parcels of land within the district, and is hereby approved as filed.

5. Hearing: The time of 6:00 p.m. on June 6, 2022, and at the meeting place of the Big Bear Lake Civic Center, Hofert Hall, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315, are appointed as the time and place of the protest hearing to the proposed maintenance program. Any and all persons having any objections to the proposed maintenance of the Village improvements, or the proposed assessment on the land within the proposed maintenance district, or any parcel thereof, or the extent of the maintenance district may appear and show cause why the maintenance and servicing of the public improvements should not be accomplished in accordance with the Resolution of Intent and the Engineer’s Report. Protests must be in writing and must be delivered to the City Clerk at or before the time set for the hearing.

Monday, June 6, 2022 at 6:00 p.m.; at
Big Bear Lake Civic Center
39707 Big Bear Boulevard
Big Bear Lake, CA 92315

6. Inquiries: The City Council does hereby designate Sean Sullivan, Director of Public Services, phone (909) 866-5831, as the person to answer questions regarding the protest proceedings.

7. Notice: The City Clerk shall give notice of said hearing, and of the adoption of this Resolution of Intent by causing said Resolution of Intent to be published in accordance with Section 6061 of the Government Code in the newspaper of general circulation published and circulated within the City, at least once. Said notice shall be published at least ten (10) days prior to the date set for the hearing od protests.

PASSED, APPROVED AND ADOPTED this 2nd day of May, 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 2nd day of May, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ATTACHMENT 3

CITY OF BIG BEAR LAKE

PUBLIC WORKS & ENGINEERING DEPARTMENT

VILLAGE MAINTENANCE DISTRICT
NO. 1-92
2022/23 Fiscal Year
ENGINEER’S REPORT
INTENT MEETING: May 2, 2022
PUBLIC HEARING: June 6, 2022
ENGINEER’S REPORT

CITY OF BIG BEAR LAKE
VILLAGE MAINTENANCE ASSESSMENT DISTRICT NO. 1-92

TABLE OF CONTENTS
I. INTRODUCTION .............................................................................................................................2 II. PLANS AND SPECIFICATIONS ..................................................................................................3 III. ASSESSMENT.....................................................................................................................................3 IV. ESTIMATED MAINTENANCE COSTS .....................................................................................4 V. ASSESSMENT DIAGRAM ..............................................................................................................5 VI. METHOD OF ASSESSMENT ........................................................................................................5 VII. APPENDIX A: ASSESSMENT ROLL
VIII. APPENDIX B: DESCRIPTION OF BUDGET ITEMS
IX. INTRODUCTION

BACKGROUND
This report is prepared in compliance with the requirements of Article 4, Chapter 1, of the Landscaping and Lighting Act of 1972 (The “Act”), which is Part 2 of Division 15 of the California Streets and Highways Code, Article 4.3, Section 53739 of the California Government Codes (the “Code”), and Articles XIII C and XIII D to the California Constitution (the “Articles”).

The City of Big Bear Lake currently operates and maintains the City of Big Bear Lake Village Maintenance Assessment District No. 1-92 (the “District”) to fund the maintenance of various amenities located throughout the Village such as planters and sidewalks. Since the passage of Proposition 218, the “Right to Vote on Taxes Act”, which added Articles XIII C and XIII D to the California Constitution (The Articles), new procedures must be followed to levy assessments under the Landscaping and Lighting Act of 1972. These Articles requires that all assessments be supported by a detailed Engineer’s Report prepared by a registered professional engineer. The report includes the information required by law for the assessment district.

The Act and Articles also provide for the increase of existing assessments or the implementation of a cost-of-living adjustment factor (CPI), all for the express purpose of installing, maintaining, and servicing lighting and landscaping improvements. The costs associated with the installation, maintenance, and servicing of the improvements may be assessed against those properties which are specially benefited by the installation, maintenance, and servicing. A City may increase assessments or apply a CPI factor for an assessment district after complying with the requirements of the Act and the provisions of the Articles.

The City initiates proceedings for the annual levy of assessments for the district by passing a resolution that states that the levy is proposed under the Act and Articles. This resolution also describes the improvements, describes the name and location of the district, and finally orders an engineer, who is a registered professional engineer, certified by the State of California, to prepare and file a detailed report.

The report prepared by the engineer must include plans and specifications for the improvements. The report must also include an estimate of the costs of the improvements, a diagram, or map of the assessment district showing the boundary of the district, and an explanation of the estimated costs of the improvements against the parcels or lots, which benefit from the improvements. Once the report is completed, it is presented to the City Council for its review and approval as presented, or it may be modified and approved.

After the report is approved, the City Council may adopt a Resolution of Intention that declares its intent to levy assessments within the assessment district, describes the improvements, gives the district a distinct name, and refers to the report for details of the district. The Resolution of Intention also sets a time and place for a hearing on the annual assessments.

X. PLANS AND SPECIFICATIONS
The improvements for the District may be generally described as follows:

The operation, maintenance, and servicing of streetlights, sidewalks, and ornamental structures, landscaping, including trees, shrubs, grass, and other ornamental vegetation, and appurtenant facilities, including irrigation systems, located in public places within the boundaries of the District.

Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of the streetlights, sidewalks, planters, benches, decorative signs, and ornamental structures, landscaping and appurtenant facilities, including repair, removal, or replacement of all or part of any of the ornamental structures, landscaping or appurtenant facilities; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste, sweeping and snow removal from public sidewalks; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of electricity for the lighting and operation of the streetlights and ornamental structures, landscaping, and appurtenant facilities, and water for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures, landscaping, and appurtenant facilities.

The improvements were installed under Assessment District No. 23-91 and were designated the “Village Improvements.” Improvements for APN 308-135-01 (Holiday Inn) and APN 308-146-02 (Tropicali) were installed by the developers of these properties and annexed to the District as Annexation No. 1. Improvements for “The Club”, Tract 16126 (APN 308-137-07) were installed by the developer of this property and annexed to the District as Annexation No. 2. Reference is hereby made to said plans and specifications for the improvements described above and they are by reference made a part of this report to the same extent as if said plans and specifications were attached hereto.

All improvements consisting of sidewalks, landscaping, street trees, streets, streetlights, landscaping furniture and signs exist at the present time.

Plans and Specifications for the improvements for the District are voluminous and are not bound in this report but by this reference are incorporated and made a part of this report. The Plans and Specifications are on file in the office of the City Clerk and the City Engineer where they are available for public inspection.

XI. ASSESSMENT
All assessed lots or parcels of real property within the District are listed on Assessment Rolls that are on file in the office of the City Clerk and the City Engineer and are hereby made a part of this report by reference. Each Assessment Roll states the net amount to be assessed upon assessable lands within the District for fiscal year 2022/23, shows the fiscal year 2022/23 assessment upon each lot and parcel within the District and describes each assessable lot or parcel of land within the District. These lots and parcels are more particularly described on the County Assessment Roll, which is on file in the office of the San Bernardino County Assessor and by reference is made a part of this report. A summary sheet showing the Assessor Parcel Numbers is attached as Appendix “A”.

XII. ESTIMATED MAINTENANCE COSTS
The Act provides that the estimated costs of maintenance for the improvements may include the total maintenance costs for the entire fiscal year 2022/23, including incidentals, which may include reserves to operate the District.

The Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within the district is the proportional share of maintenance, and servicing costs with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

A detailed budget is available in the office of the Director of Government Services of the City of Big Bear Lake. A description of detailed budget items is included herein as “Appendix B”.

In analyzing the continual deficit operations associated with the District, beginning in Fiscal Year 2021/22, the City Council adopted an increase to the assessment of $4.99 for Fiscal Year 2021/22 and a subsequent increase of $5.00 per foot per year through Fiscal Year 2025/26.

The following table is an abbreviated budget for the District reflecting the approved assessment increases through Fiscal Year 2025/26:
*The District collects the parcel assessments as provided which represent 44% of the cost of operating the District for the special benefit as received by the assessed parcels. The City contribution from the General Fund represents 56% of the District operating revenue to for the costs associated with the General Benefit, which is available to the general public.

FISCAL YEAR 2022/23 2023/24 2024/25 2025/26
Total maintenance and
servicing costs*
$471,820 $484,020 $496,720 $510,020
Surplus or deficit ($144,570) ($ 98,340) ($ 52,610) ($ 7,450) City contribution from
general fund*
$183,260 $215,980 $248,700 $281,440
Net amount to be
assessed to assessable
lands within the district
$143,990 $169,700 $195,410 $221,130
Assessed parcels 56 56 56 56
Total lineal foot frontage 5,142 5,142 5,142 5,142
Total fiscal year 2020/21
assessment per linear foot
$28.00 $33.00 $38.00 $43.00
For Fiscal Year 2022/23, estimates of the operating expenses, compared with the revenue, based upon the adopted rate schedule, show that the District will run a deficit of approximately $144,584, down from a deficit of approximately $191,300 in the prior Fiscal Year.

The District’s Annual Maintenance costs do not include any costs for future capital improvements, replacements or repairs.

XIII. ASSESSMENT DIAGRAM
The boundary of the Village Maintenance Assessment District 1-92 is generally described as including the following properties:
(1) Village Drive from Stocker Avenue to a point approximately 1,513 feet westerly to Bonanza Drive, and the east side of Bonanza Drive from Village Drive to a point approximately 100 feet north of Village Drive.
(2) Pine Knot Avenue from Big Bear Boulevard to Cameron Drive.

The boundary maps/diagrams for the District are voluminous and are not bound in this report but by this reference are incorporated and made a part of this report. The boundary maps/diagrams are on file in the office of the City Clerk and the City Engineer, where it is available for public inspection.

The following map page is for general location only and is not to be considered the official boundary map on file with the City Clerk.

If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

XIV. METHOD OF ASSESSMENT

BACKGROUND
The Landscaping and Lighting Act of 1972 provides that assessments may be apportioned upon all assessable lots or parcels of land within a district in proportion to the estimated benefits to be received by each lot or parcel from the improvements. In addition, Articles XIII C and XIII D of the California Constitution require that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Proposition provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over, and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit.

SPECIAL BENEFIT
Each and every parcel within the District receives a particular and distinct benefit from the improvements over and above general benefits conferred by the improvements.

The improvements confer a particular and distinct special benefit upon parcels within the District because of the nature of the improvements. The proper maintenance of landscaping specially benefits parcels within the District by moderating temperatures, providing oxygenation, and attenuating noise from the adjacent streets, thereby enhancing the environmental quality of the businesses and the pedestrian areas within the Village. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to private landscaping located throughout the properties within the District. The proper maintenance (including water and electricity costs) of the streetlights, sidewalks, landscaping, ornamental and decorative structures, and appurtenant facilities reduces property-related crimes (especially vandalism) against properties in the District. This is accomplished through the abatement of graffiti and by providing an attractive environment and one where all businesses are highly visible and well lighted. The removal and hauling of snow (sidewalks and parking stalls) in the winter and refuse throughout the year provide a safe, clean and attractive location for business. Finally, the proper maintenance of landscaping, and ornamental and decorative structures improves the attractiveness of the properties within the District and provides a positive visual experience each and every time a trip is made to or from the businesses. All of the abovementioned attributes contribute to a specific enhancement for each of the parcels within the District.

GENERAL BENEFIT
In addition to the special benefits received by the parcels within the District, there are incidental general benefits conferred by the proposed improvements.

The proper maintenance (including water and electricity costs) of street lighting, sidewalks, landscaping, and appurtenant and ornamental facilities within the District provide a safe, clean and attractive destination for visitors. The spraying and treating of landscaping within the District for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping located throughout other properties within the City. The removal of snow from sidewalks provides a safe path for visitors to the Village shops. The maintenance (including electricity costs) of streetlights provides a safe environment for pedestrians and motorists visiting the Village. The removal of refuse from the Village provides visitors with a clean and attractive destination. Finally, the proper maintenance (including water and electricity costs) of street lighting, sidewalks, landscaping, and ornamental structures provides a positive visual experience and enhances the City of Big Bear Lake’s role as a resort community and vacation destination. All of the above-mentioned constitutes incidental general benefits conferred by the improvements.

The total benefits are thus a combination of the special benefits to the parcels within the District and the general benefits to the public at large and to adjacent property owners. The portion of the total Village Improvement maintenance costs, which are associated with general benefits, will not be assessed to the parcels in the District, but will be paid from other City Funds.

Because the village improvements are located immediately adjacent to properties within the District, and are maintained solely for the benefit of the properties within the District, any benefit received by properties outside of the District is merely incidental. It is estimated that the general benefit portion of the benefit received from the improvements for any district is less than one (1) percent of the total benefit. The City will contribute additional funding for any maintenance costs in the District, which are not recovered from assessments.

APPORTIONMENT
Each of the parcels within the district has access to the improvements and the maintenance and servicing thereof. Since the parcels front onto the street and sidewalk improvements, the benefits to each parcel are based on the width of the parcel fronting the improvements. In the District, all parcels are assessed based on the front linear footage of the parcel to be assessed. For fiscal year 2022/23, there is a total of 5,142 front linear feet within the Village. See the Assessment Roll included herein as Appendix “A” for individual parcel data.

The following formulas are used to calculate each property’s District assessment.

Total Balance to Levy*/Total Front Linear Footage = Levy per Front Linear Foot (Rate) Parcels Total Front Linear Foot  Levy per Front Linear Foot (Rate) = Parcel Levy Amount Table 1 below is a sample levy calculation for a parcel in the District.

SAMPLE LEVY CALCULATION
TABLE 1
TOTAL

BALANCE

TO LEVY
TOTAL
FRONT
LINEAR
FEET
=
LEVY
PER
FRONT
LINEAR
FOOT

PARCEL
FRONT
LINEAR
FEET =
PARCEL
LEVY
$143,976 5,142 = $28.00  100 = $2,800
All assessed lots or parcels of real property within the districts are listed on assessment rolls that are on file in the office of the City Clerk and the City Engineer, and are hereby made a part of this report by reference. Each Assessment Roll states the net amount to be assessed upon assessable lands within the District for fiscal year 2022/21, shows the fiscal year 2022/21 assessment upon each lot and parcel within the District and describes each assessable lot or parcel of land within the District. These lots and parcels are more particularly described on the county assessment roll, which is on file in the office of the San Bernardino County Assessor and by reference is made a part of this report.

The assessments for the District were heard before the City Council at a public hearing on June 21, 2021.
*BALANCE TO LEVY - This is the total amount to be levied to the parcels within the District. The Balance to Levy represents the total direct and administration costs. This dollar amount represents the funds that are to be collected for that fiscal year from the property owners.

APPENDIX A: ASSESSMENT ROLL
The Assessment Roll for the District is voluminous and is not bound in this report but by reference is incorporated and made a part of this report. The Assessment Roll is on file in the office of the City Clerk and the City Engineer, where it is available for public inspection.

Reference is made to the San Bernardino County Assessment Roll for a description of the lots or parcels in the District.

APPENDIX B: DESCRIPTION OF BUDGET ITEMS
SNOW REMOVAL - Provides for removal and hauling of snow all Village sidewalks and parking stalls, including labor and equipment.

PLANTER MAINTENANCE - Provides for the maintenance and replacement of plants in landscaping as well as necessary irrigation systems to sustain the plant materials STREET LIGHTING MAINTENANCE – Provides for the maintenance lighting fixtures.

UTILITIES (WATER AND ELECTRICITY) – Provides for utility costs for the operation of landscaping and lighting fixtures and features.

TRASH SWEEPING & REMOVAL - Provides for the sweeping and removal of litter from the Village.

REPAIRS TO DAMAGED/DEFACED PROPERTY - Provides for minor maintenance projects and repairs.

TRASH SERVICE – Provides for the emptying of trash cans in the Village, currently contracted out to Big Bear Disposal.

ATTACHMENT 4
Parcel Owner Name Business Name Assessors Parcel Numbers Assessed Upon Frontage Feet (in Lineal Feet) FY 2021/22 Total Assessment ($23.00/Linear Foot) FY 2022/23 Total Assessments ($28.00/Linear Foot) Proposed FY 2023/24 Total Assessments ($33.00/Linear Foot) Proposed FY 2024/25 Total Assessments ($38.00/Linear Foot) Proposed FY 2025/26 Total Assessments ($43.00/Linear Foot) SEVEN OAKS INC La Fiesta Candy Store/ Superhero Toys and More 1 308-165-01 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00 DONEGAL PROPERTIES Starpoint Resort Partners 2 308-165-02 62 $1,426.00 $1,736.00 $2,046.00 $2,356.00 $2,666.00LACKEY FAMILY TRUST 12‐9‐87 Frusion/ Stupidiotic 3 308-165-03 45 $1,035.00 $1,260.00 $1,485.00 $1,710.00 $1,935.004551 VILLAGE DRIVE LLC No Business yet-restaurant in construction 4 308-165-04 45 $1,035.00 $1,260.00 $1,485.00 $1,710.00 $1,935.00HIMALAYAN INVESTMENT LLC Royal Thai Café/ O Koo Ran/Wild Coyote Gallery/ Room to Room 5 308-166-28 125 $2,875.00 $3,500.00 $4,125.00 $4,750.00 $5,375.00GONZALEZ LIVING TRUST 9/27/06 Muchachos 6 308-166-29 46 $1,058.00 $1,288.00 $1,518.00 $1,748.00 $1,978.00KAMPHAUS LIVING TRUST 2/27/03 AMENDE Village Sweet Shoppe 7 308-166-34 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 BBPS LLC Boomers/Village Nut House 8 308-166-35 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00 IANNICIELLO, LAUREN Whiskey Daves 9 308-166-59 80 $1,840.00 $2,240.00 $2,640.00 $3,040.00 $3,440.00CINDYS LAFH TRUST 12‐15‐14 Barrel 33 10 308-166-51 39 $897.00 $1,092.00 $1,287.00 $1,482.00 $1,677.00 WOODYS WORLD LLC Toy Gallery / Paisley 11 308-171-01 173 $3,979.00 $4,844.00 $5,709.00 $6,574.00 $7,439.00 NAVAJO BUILDING LLC The Leather Depot/Fabrile Studios/Village Faire/Happiness is Company/Sid 12 308-171-02 75 $1,725.00 $2,100.00 $2,475.00 $2,850.00 $3,225.00CULLEN TRUST 2/10/09 AV Wrightwood Inn Inc 13 308-171-05 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 HEMEC16 LLC Artisans Etc. 14 308-171-08 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00PROPHET FAMILY TRUST 09/10/14 Re/Max Big Bear / I love Candles 15 308-171-10 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00SCHOETTGER, HAROLD F AND SHEILA TRS A Christmas Store N' More 16 308-171-11 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00ADAM, LARRY D LIVING TRUST 9/5/13 Sotheby's Real Estate 17 308-171-16 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00GONZALEZ, GUSTAVO & NANCY LIV TR 2/1 572 Social Outdoor Area 18 308-171-17 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00GONZALEZ, GUSTAVO & NANCY LIV TR 2/1 572 Social Outdoor Area 19 308-171-18 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00GONZALEZ, GUSTAVO & NANCY LIV TR 2/1 572 Social 20 308-171-19 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00GONZALEZ, GUSTAVO & NANCY LIV TR 2/1 575 Social 21 308-171-20 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00DRACO BUILDERS LLC Bone Yard Bar and Grill/ Earth's Elements 22 308-171-41 120 $2,760.00 $3,360.00 $3,960.00 $4,560.00 $5,160.00 CLARK, COLIN M SoCal Vacations 23 308-171-24 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 BREWSTER, CHARLES A & E E REVOC FAM Robinhood Resort 24 308-171-28 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00S N V K LLC Himilayan Restaurant 25 308-171-34 70 $1,610.00 $1,960.00 $2,310.00 $2,660.00 $3,010.00 Subtotal $33,580.00 $40,880.00 $48,180.00 $55,480.00 $62,780.00

CITY OF BIG BEAR LAKE
ASSESSMENT DISTRICT NO. 1-92

VILLAGE MAINTENANCE DISTRICT
FY 2022/23
Assessors Parcel
Numbers Assessed Upon
Frontage Feet
(in Lineal Feet)
FY 2021/22 Total
Assessments
($23.00/Linear Foot)
FY 2022/23 Total
Assessments
($28.00/Linear Foot)
Proposed FY
2023/24 Total
Assessments
($33.00/Linear Foot)
Proposed FY
2024/25 Total
Assessments
($38.00/Linear Foot)
Proposed FY
2025/26 Total
Assessments
($43.00/Linear Foot)
BREWSTER TRUST Parking for Nottinghams 26 308-171-35 120 $2,760.00 $3,360.00 $3,960.00 $4,560.00 $5,160.00 WHITT, JOHN B REVOCABLE TR 11/09/18 Village Theaters 27 308-171-36 80 $1,840.00 $2,240.00 $2,640.00 $3,040.00 $3,440.00RATHJE, STEVEN TRUST 12/20/05 Oliver's Emporium 28 308-171-37 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 BREWSTER, CHARLES A & E E REVOC FAM Nottinghams Restaurant 29 308-171-38 183 $4,209.00 $5,124.00 $6,039.00 $6,954.00 $7,869.00 CYPRESS POINT TRUST 5/21/14 The Village Shops 30 308-171-39 80 $1,840.00 $2,240.00 $2,640.00 $3,040.00 $3,440.00GONZALEZ LIVING TRUST 9‐27‐2006 Saucy Mama's/ Fire Rock 31 308-171-40 80 $1,840.00 $2,240.00 $2,640.00 $3,040.00 $3,440.00GONZALEZ, GUSTAVO & NANCY LV TR 02/2 El Jacalito 32 308-172-01 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00CHANG, PHILIP U Boomers 33 308-172-02 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00CHANG, PHILIP U Big Bear Liquor Mart 34 308-172-24 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00NCOT TRUST 08/29/19 Valero/ Nick's Auto Care 35 308-172-25 152 $3,496.00 $4,256.00 $5,016.00 $5,776.00 $6,536.00BIG BEAR VILLAGE PLAZA LLC Big Bear Tattoo/ Compass 36 308-173-33 100 $2,300.00 $2,800.00 $3,300.00 $3,800.00 $4,300.00CJ PROPERTIES Peppercorn 37 308-173-30 100 $2,300.00 $2,800.00 $3,300.00 $3,800.00 $4,300.00SCHWEITZER, B & T FAMILY TRUST Teddy Bear 38 308-173-27 100 $2,300.00 $2,800.00 $3,300.00 $3,800.00 $4,300.00SHALHOOB FAMILY TRUST Brown Bear Gift Store 39 308-174-03 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 SHALHOOB FAMILY TRUST 10‐24‐08 Art Garden 40 308-174-04 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00DIAMOND TRUST 7‐23‐08 Jasper's Steakhouse 41 308-174-14 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00 JACOB SHAW INC Crave Main/ Trading Post 42 308-174-15 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00SCRIVEN, MATTHEW D New Gift/ Yogurt Store (in construction) 43 308-174-27 76 $1,748.00 $2,128.00 $2,508.00 $2,888.00 $3,268.00PINE KNOT PLAZA LLC Copper Q 44 308-174-28 120 $2,760.00 $3,360.00 $3,960.00 $4,560.00 $5,160.00BOWEN, JEAN M TR (RESIDUAL TRUST) United Woods Craftsman 45 308-174-37 80 $1,840.00 $2,240.00 $2,640.00 $3,040.00 $3,440.00SHALHOOB FAMILY TRUST Bear Essentials 46 308-174-39 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 RICCHIUTI, LINDA M Copper Q 47 308-174-42 110 $2,530.00 $3,080.00 $3,630.00 $4,180.00 $4,730.00 CRAFTS & CRANKS INC Village Mall 48 308-181-14 290 $6,670.00 $8,120.00 $9,570.00 $11,020.00 $12,470.00PREMIER INVESTMENT PROPERTIES LLC BB Superstore 49 308-181-05 55 $1,265.00 $1,540.00 $1,815.00 $2,090.00 $2,365.00JACK IN THE BOX PROPERTIES LLC Jack in the Box 50 308-181-06 152 $3,496.00 $4,256.00 $5,016.00 $5,776.00 $6,536.00 Subtotal $52,624.00 $64,064.00 $75,504.00 $86,944.00 $98,384.00

VILLAGE MAINTENANCE DISTRICT
FY 2022/23

CITY OF BIG BEAR LAKE
ASSESSMENT DISTRICT NO. 1-92
Assessors Parcel
Numbers Assessed Upon
Frontage Feet
(in Lineal Feet)
FY 2020/21 Total
Assessments
($18.01/Linear Foot)
FY 2021/22 Total
Assessments
($23.00/Linear Foot)
Proposed FY
2022/23 Total
Assessments
($28.00/Linear Foot)
Proposed FY
2023/24 Total
Assessments
($33.00/Linear Foot)
Proposed FY
2024/25 Total
Assessments
($38.00/Linear Foot)
DRACO BUILDERS LLC The Cave 51 308-181-07 82 $1,886.00 $2,296.00 $2,706.00 $3,116.00 $3,526.00 VILLAGE DRIVE PROPERTIES LLC Oakside 52 308-181-13 61 $1,403.00 $1,708.00 $2,013.00 $2,318.00 $2,623.00BISSONNETTE, DIANE TR 11/12 ‐ EST OF Paolis/ La Pergola 53 308-183-21 100 $2,300.00 $2,800.00 $3,300.00 $3,800.00 $4,300.00PACIFIC SNOW VALLEY RESORT LLC Northwoods 54 308-135-01 510 $11,730.00 $14,280.00 $16,830.00 $19,380.00 $21,930.00 PREMIER INVESTMENT PROPERTIES LLC Local Tropicali 55 308-146-02 236 $5,428.00 $6,608.00 $7,788.00 $8,968.00 $10,148.00 BLUEGREEN VACATIONS UNLIMITED INC The Club 56 308-121-69 405 $9,315.00 $11,340.00 $13,365.00 $15,390.00 $17,415.00 Subtotal $32,062.00 $39,032.00 $46,002.00 $52,972.00 $59,942.00 Total 5,142.00 $118,266.00 $143,976.00 $169,686.00 $195,396.00 $221,106.00

CITY OF BIG BEAR LAKE
ASSESSMENT DISTRICT NO. 1-92

VILLAGE MAINTENANCE DISTRICT
FY 2022/23

MEETING
DATE: May 2, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sean Sullivan, Director of Public Services
Jason Watterson, Public Works Operations Manager
Jacky Chan, Associate Engineer
SUBJECT: Resolution Authorizing a Construction Contract with Sancon Engineering, Inc. for the Sanitary Sewer “Cured-in-Place” Pipe Project

BACKGROUND
The City’s Sanitation Division is responsible for the maintenance of the sanitary sewer system which includes approximately 200 miles of sewer main, more than 3,000 manholes, and 12 sewer lift stations. The sanitary sewer mains are of varying sizes and materials. Typical maintenance of the sewer mains includes hydro-jetting whereby water is forced into the sewer mains to clean and clear them. Given the underground nature of sewer mains, the primary method of repair and rehabilitation is generally to excavate and replace pipeline; however, there are options for rehabilitation efforts including lining of the pipes. Staff is pursuing a “cured-in-place” pipe sewer lining project. Cured in place pipe serves as a liner within the existing pipeline to correct concerns created by root intrusion, pipe collapse, or erosion. This effort will extend the useful life of the sewer lines without needing to excavate the streets and will limit the degree of disruption to the community.

On February 7, 2022, the City Council authorized staff to proceed with a bid solicitation for a “Cured-in-Place” Pipe (CIPP) Lining Project focused on lining and rehabilitating approximately 2,400 linear feet of sanitary sewer main in the Red Ant Hill area of the City. At this time, staff is seeking approval of a construction contract for this project.

DISCUSSION
Staff has identified approximately 2,400 linear feet of sewer pipeline in the Red Ant Hill area of the City that would be an appropriate situation in which to utilize a cured in place pipe process.

The area of the project is more specifically defined as the area to the north of Big Bear Boulevard, between Temple Lane and Lakewood Lane. These pipelines have identified root intrusion concerns and minor failures, conditions which would be remedied utilizing the identified process.

As staff was finalizing the bid documents for this project, they were concurrently looking to the future year’s CIP program. The Fiscal Year 2022-23 CIP includes a project entitled Jay Bird Lane Sanitary Sewer Main Replacement Project, which focuses on replacing approximately 700 linear feet of impacted and undersized sewer main. Through the design and development of that project, staff determined that while a portion of the Jay Bird sewer main did need to be replaced and upsized, a significant portion of the main could be lined consistent with this process. As such, staff included an additional 500 linear feet of sewer main lining to the scope of work for this project to complete the portion of work on Jay Bird Lane. The remainder of the Jay Bird Lane Sewer Main Project is out to bid and a contract award will be considered in June 2022.

Staff proceeded with the public bid process in accordance with the California Public Contract Code and the City of Big Bear Lake purchasing guidelines. A Notice Inviting Bids was published in the Big Bear Grizzly and the through the City’s online bid portal. A non-mandatory pre-bid meeting was held on Thursday, March 31, to review the project scope and bidding process. On Thursday, April 14, the City received, publicly opened, and read aloud six (6) sealed bids with the following results:

Company Location Base Bid
Sancon Engineering, Inc. Huntington Beach, CA $149,323.00 Tunnelworks Services, Inc. Whittier, CA $156,150.60
Nu Line Technologies Encinitas, CA $160,529.00
Nor-Cal Pipeline Services Roseville, CA $161,255.00
Southwest Pipeline and Trenchless Corp. Torrance, CA $179,913.00 Insituform Chesterfield, MO $204,297.80
Staff reviewed the bids received for completeness and accuracy and has determined that Sancon Engineering, Inc. is the lowest responsive bidder for this project. Sancon has the capacity and capability to complete this project and they have extensive experience throughout the State of California. Staff is recommending authorization of a construction contract with Sancon Engineering, Inc. in the above amount of the total base bid. The bid process also included an alternate bid item for additional rehabilitation work associated with manholes; however, based upon the pricing received, staff is not seeking an award of that scope of work for this project.

Upon a successful award of contract, staff will coordinate all necessary documents and preconstruction activities and anticipates work getting underway in June 2022. Work will be completed during this summer construction season.

FISCAL IMPACT
Funding for this project is available in the approved Fiscal Year 2021-22 Capital Improvement Program budget with funding derived from the Sanitation Fund.

ENVIRONMENTAL CONSIDERATIONS
At the time of authorizing the bid solicitation, the City Council found this project to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.b as repair and maintenance of existing public owned utility systems.

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Interim City Manager and/or his designee to execute a construction contract for the Sanitary Sewer “Cured-inPlace” Pipe Project with Sancon Engineering, Inc., in an amount not to exceed $149,323.

ATTACHMENT

1. Resolution No. 2022-XX
ATTACHMENT 1

RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING A CONSTRUCTION
CONTRACT WITH SANCON ENGINEERING, INC. FOR THE
SANITARY SEWER “CURED-IN-PLACE” PIPE PROJECT
WHEREAS, the City’s Sanitation Division is responsible for the maintenance of the sanitary sewer system which includes approximately 200 miles of sewer main, more than 3,000 manholes, and 12 sewer lift stations; and,
WHEREAS, the City’s approved Fiscal Year 2021-22 Capital Improvement Program (CIP) includes a “cured-in-place” pipe sewer lining project; and, WHEREAS, on February 7, 2022, the City Council authorized staff to solicit bids for this project, which includes approximately 2,400 linear feet of sewer main to be rehabilitated in the Red Ant Hill area of the City; and,
WHEREAS, staff subsequently included an additional 500 linear feet of sewer main to be lined as identified through staff’s work on designing the forthcoming Jay Bird Lane Sewer Main Replacement Project; and,
WHEREAS, on April 14, 2022, the City Clerk received six sealed bids for this project; and, WHEREAS, upon their review of the bids, staff found the bid of Sancon Engineering, Inc., with a total base bid price of $149,323, to be the lowest responsive bid for this project.

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

1. The Interim City Manager and/or his designee is authorized to execute a construction contract for the Sanitary Sewer “Cured-in-Place” Pipe Project with Sancon Engineering, Inc., in an amount not to exceed $149,323.

PASSED, APPROVED AND ADOPTED this 2nd day of May, 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 2nd day of May, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

MEETING
DATE: May 2, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Kelly Ent, Director of Administrative Services
SUBJECT: Citizens’ Initiative Fiscal Impact Report – Vacation Rental Measure

BACKGROUND
The Citizens of Big Bear Lake have prepared and filed a local initiative measure seeking to amend the City’s Municipal Code to limit the number of short-term/vacation rental permits and to impose additional limitations and regulations on such rentals. An initiative petition was circulated for voter signatures and was timely filed with the City Clerk’s Office. It is currently being reviewed by the County Registrar of Voters (ROV). If the ROV determines the petition contains sufficient signatures and certifies the petition, that will be reported to the City Council at its next regularly scheduled meeting. It is likely that will be May 16.

Under the California Elections Code, the City Council would typically have to either adopt the measure or place the measure on the ballot for voter consideration. However, the City Council may, either at the meeting where the petition is certified or at any prior meeting, order a report to understand any economic and other impacts of the proposed measure. If such report is ordered, it must be presented to the Council no later than 30 days after the meeting where the petition is certified. After receiving the report, the Elections Code requires the City Council to take action to either adopt the initiative measure or to place it on the ballot.

Assuming the petition is certified on May 16, the City Council will need to take action either at the June 6 regular meeting (only 21 days later) or call for a special meeting prior to June 15. In order to utilize the full 30 days under the Elections Code (and actually allow for a bit more time), it is recommended that the City Council consider awarding a contract today to ensure that the Consultant is provided sufficient time to complete the analysis and report.

DISCUSSION
Pursuant to Election Code §9212, the City Council can order a report which analyzes the proposed changes the measure would make in the City’s regulations and their various impacts (e.g., economic, land use, employment). Section 9212 allows the Council to order the report either at the meeting where the petition is certified or at any prior meeting. Given the timing of upcoming Council meetings and short turnaround for such an analysis, City staff issued a Request for Proposals to conduct an Economic Impact Analysis of Proposed Change to Vacation Rental Regulations in Big Bear Lake on March 10, 2022 (Attachment 3). The deadline to submit proposals was April 7. The City received two proposals: One proposed a bifurcated approach wherein only a portion of the analysis would be done by their firm and consolidated with the work of other subject matter experts; the other (Tourism Economics LLC) proposed to conduct a comprehensive analysis of the full scope of work within the 30-day timeframe and is the firm recommended for this engagement.

Tourism Economics LLC is an Oxford Economics company. They have over 35 years of experience in performing impartial, thorough economic analyses. The core objective is to combine an understanding of travel dynamics with rigorous economics. They will analyze direct, indirect and induced impacts and generate a report within the required timeframe. They have experience with preparing an analysis applicable to rental regulation changes with a limited time constraint as shown in their proposal (Attachment 4).

FISCAL IMPACT
The engagement of service for an economic impact study related to the proposed measure is not included in the adopted budget. The cost for this engagement is $45,500 plus reimbursable travel costs. It is recommended that the City Council authorize a budget appropriation from the General Fund in the amount of $45,500 for this study.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under California Environmental Quality Act.

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2022-XX to

1. Authorize a budget appropriation from the General Fund in the amount of $45,500, and

2. Award a contract to Tourism Economics LLC to complete an Elections Code 9212 impact report on the Measure Proposing Changes to Vacation Rental Regulations in Big Bear Lake and authorize the Interim City Manager, or his designee, to execute the agreement.

ATTACHMENT

1. Resolution No. 2022-XX

2. Professional Services Agreement

3. Request for Proposal

4. Proposal Submitted by Tourism Economics LLC
ATTACHMENT 1

RESOLUTION NO. 2022-XX
RESOLUTION AMENDING THE FISCAL YEAR 2021-22

ADOPTED BUDGET AND AWARDING A PROFESSIONAL

SERVICES CONTRACT TO TOURISM ECONOMICS LLC
FOR A 30-DAY ANALYSIS OF THE IMPACTS OF PROPOSED

CHANGES TO VACATION RENTAL REGULATIONS IN

BIG BEAR LAKE
WHEREAS, on December 27, 2021, the citizens of Big Bear Lake submitted a proposed initiative to amend the City’s Municipal Code regulating vacation rentals, and WHEREAS, the proposed changes seek to limit the number of vacation rental licenses and contracts as well as impose other limitations and regulations, and WHEREAS, such changes may have direct, indirect and/or induced impacts which should be understood by the City Council before taking action to adopt such changes or forward the measure to the voters for consideration, and
WHEREAS, California Election Code § 9212 permits the City Council to order a report to understand the impact of the proposed changes, and
WHEREAS, petitions have been circulated and are being reviewed by the Registrar of Voters (ROV), and
WHEREAS, it is anticipated that the petition signatures may be certified and presented to the City Council as early as May 16, 2022, and
WHEREAS, the impact analysis report permitted under California Election Code § 9212 would need to be completed prior to 30-days following the certification of the petition, and WHEREAS, ordering the impact analysis on the same day as the petition is certified will not allow for the full 30-days to prepare the report without the scheduling of a special meeting prior to June 15, 2022, and
WHEREAS, a Request for Proposals (RFP) to analyze and report on the impacts of the proposed changes in vacation rental regulations in Big Bear Lake was issued on March 10, 2022, and WHEREAS, based on the responses received from the RFP, City Council has selected Tourism Economics LLC to prepare the analysis of the proposed initiative, and WHEREAS, the adopted budget does not include the analysis of the proposed change in vacation rental regulations, and
WHEREAS, it is recommended that the Fiscal Year 2021-22 adopted budget be amended to include an appropriation of $45,500 from the General Fund for this analysis.

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

1. A professional services agreement shall be awarded to Tourism Economics LLC to complete a 30-day report on the proposed changes to vacation rental regulations in Big Bear Lake, and

2. The Fiscal Year 2021-22 adopted budget shall be amended to appropriate $45,500 from the City’s General Fund for this purpose, and

3. The Interim City Manager, or his designee, is hereby authorized to execute the professional services agreement with Tourism Economics LLC.

PASSED, APPROVED AND ADOPTED this 2nd day of May, 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 2nd day of May, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ATTACHMENT 2

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of May __, 2022 by and between the City of Big Bear Lake, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 39707 Big Bear Boulevard, Big Bear Lake, California 92315 (“City”), and Tourism Economics LLC, an Oxford Economics Company with its principal place of business at 303 W Lancaster Avenue, Suite 2E, Wayne, PA 19087 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Economic Impact Analysis of Proposed Change in Vacation Rental Regulations (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Fourty-Five Thousand Five Hundred Dollars ($45,500) plus travel costs incurred. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed.

Payments to Consultant for work performed will be made on a monthly billing basis.

Page 2 ends

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

Consultant shall complete the services required hereunder within 30 days of said Notice to Proceed and receipt of data inputs from the City. The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance.

Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted

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(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, and agents designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

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d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence / $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

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g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

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i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful

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misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.
c. Because of the uncertainty of future events and circumstances and because the contents are based on data and information provided by third parties upon which Consultant has relied in good faith in producing the deliverables under this Agreement, Consultant does not warrant that its forecasts, projections, advice, recommendations or the contents of any report, presentation or other document will be accurate or achievable and Consultant will not be liable for the contents of any of the foregoing or for the reliance by the City on any of the foregoing.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

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14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 16 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. Consultant provides full rights to use and distribution of documents provided.

18. Organization
Consultant shall assign Zachary Sears as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Big Bear Lake
PO Box 10000
39707 Big Bear Boulevard
Big Bear Lake, California 92315
Attn: Kelly Ent, Administrative Services
CONSULTANT:

Tourism Economics LLC
303 W Lancaster Avenue, Suite 2E
Wayne, PA 19087
Attn: Zachary Sears
and shall be effective upon receipt thereof.

21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

22. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

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24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

27. Time of Essence
Time is of the essence for each and every provision of this Agreement.

28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF BIG BEAR LAKE

AND TOURISM ECONOMICS LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF BIG BEAR LAKE TOURISM ECONOMICS LLC
Jeff Mathieu
Interim City Manager
PRINTED NAME:

TITLE:

ATTEST:

Erica Stephenson
City Clerk
PRINTED NAME:

TITLE:

APPROVED AS TO FORM:

Stephen Deitsch
City Attorney

Kelly Ent
Director of Administrative Services

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EXHIBIT A
Scope of Services
Economic and Fiscal Impacts of
Proposed Vacation Rental Regulations Changes in Big Bear Lake Consultants are expected to:

1. Prepare a written report and PowerPoint presentation in a clear and concise manner, concerning the pending proposed short term residential rental initiative.

2. Present the findings to staff either remotely or in person prior to the City Council presentation so a staff member can effectively prepare the City Council Staff Report.

3. Conduct a formal presentation of the report findings to the City Council at a public meeting and field any questions from the City Council and public.

4. Provide to the City all final documents and presentations created on behalf of the City in a format that is unlocked and accessible to the City (e.g., Microsoft Word, Excel, PowerPoint).

5. Analyze and forecast potential short-term and long-term (7+ years) impacts to each of the factors listed below. Additional components may be added to the analysis by City and/or offered by Consultant for City’s consideration. Additional components will be compensated at the hourly rate shown in Exhibit B.

Property Values.
a. Effects on the real estate market, property values, and participation levels in the vacation rental program.
b. Effects on property tax revenue to the taxing districts in Big Bear Lake.

Tourism Volume and Associated Visitor Spending.
c. Effects on the number of visitors to Big Bear Lake.
d. Analysis of annual visitor spending volumes across all local industries. e. Analysis of tax revenues generated from annual visitor spending. f. Analysis of annual tax expenditures associated with mitigating impacts related to tourism. g. Estimates of annual impacts on private industry revenues, tax revenues, and potential tax expenditures associated with the proposed change in regulations.

City of Big Bear Lake Revenues.
h. Analysis of the annual budget of Big Bear Lake to estimate the impact of a potential decrease in tax revenues on city services, city employment, and public safety. i. Estimates of annual impacts to licensing revenues and revenues associated with fines from vacation rental compliance efforts.

Broader Impacts.
j. Estimates of potential impacts on area employment in both public agencies and private sector firms.
k. Estimates of potential impacts on area wages.
l. Estimate of potential impacts on area population and school enrollment. m. Estimate of potential shift in vacation rental bookings to area outside of City boundaries.

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EXHIBIT B
Schedule of Charges/Payments
This is a flat fee contract for services as described in Exhibit A. The total cost for these services shall not exceed $45,500. Consultant will invoice City as follows: 50% upon authorization to proceed ($22,750) and 50% upon completion of the project ($22,750).

Any additional work performed by Consultant requires advance approval. Any out-of-scope work being performed by Consultant will be invoiced separately. Refer to Section 3. Additional Work Hourly rates for key personnel assigned to this contract are as follows. These hourly rates will apply to any out-of-scope work as well:
$250/ hour Senior Analyst
$125/hour Junior Analyst
Reimbursable expenses will be invoiced as follows:

Travel costs incurred will be reimbursed upon receipt of supporting documentation.

ATTACHMENT 3

CITY OF BIG BEAR LAKE, CALIFORNIA

REQUEST FOR PROPOSAL

ECONOMIC IMPACT ANALYSIS OF PROPOSED

CHANGE TO VACATION RENTAL REGULATIONS IN

BIG BEAR LAKE, CA
RFP Issue Date: March 10, 2022
Submissions responding to this RFP must be received by
Kelly Ent, Director of Administrative Services
via e-mail at [email protected]
no later than 3:00 p.m., Thursday, April 7, 2022.

City of Big Bear Lake RFP/Economic Impact Analysis
2 1. PURPOSE
The City of Big Bear Lake (hereafter “City”) invites proposals from qualified individuals and consulting firms (hereafter “Consultant”) to provide an economic impact analysis of potential changes to the vacation rental regulations proposed by a citizens’ ballot initiative (hereafter “Initiative”).

Through this Request for Proposals (RFP), the City will choose a consultant to perform an analysis as described in the Scope of Services (see Section 3). The proposed Initiative is attached to the RFP as Appendix B. The current vacation rental regulations are attached as Appendix C.

2. BACKGROUND
The City is located in Southern California and is a popular four-season resort community nestled in the heart of the San Bernardino National Forest at an elevation of 6,752 feet only a couple of hours away from major metropolitan cities such as Los Angeles and San Diego. The City’s jurisdictional boundaries cover a 6.95 square mile are on the Big Bear Lake’s south shore. The City’s year-around population is approximately 5,200. The community welcomes between 20,000 and 100,000 weekend and holiday visitors depending upon the season and special events schedule. The overall mountain region (commonly referred to as the Big Bear Valley) is comprised of the City’s incorporated are and the unincorporated County area which together has a permanent population of approximately 25,000 residents. Second homes and vacation rental properties are exist throughout the region while most of the commercial properties are located within the City’s jurisdictional boundary.

The City recently adopted a new set of vacation rental regulations that became effective in September 2021. Citizens are proposing additional regulations that limit the number of vacation rentals allowed and limits how often they can be rented, among other changes.

If the Initiative gathers enough valid signatures to be presented to the City Council, the City Council may decide to authorize an analysis of the proposal. The analysis must be completed within 30 days of authorization to commence work. In preparation for this short turnaround time, the City is releasing this proposal so that a Consultant can be chosen, and the analysis can begin immediately upon City Council’s authorization.

3. SCOPE OF SERVICES
Consultants are expected to:

1. Prepare a written report and PowerPoint presentation in a clear and concise manner, conforming to City standards and templates, as applicable.

City of Big Bear Lake RFP/Economic Impact Analysis
3 2. Present the findings to staff either remotely or in person prior to the City Council presentation so a staff member can effectively prepare the City Council Staff Report.

3. Conduct a formal presentation of the report findings to the City Council at a public meeting and field any questions from the City Council and public.

4. Provide to the City all final documents and presentations created on behalf of the City in a format that is unlocked and accessible to the City (e.g., Microsoft Word, Excel, PowerPoint).

At a minimum, the analysis shall include the following components. Additional components may be added to the analysis by the City Council. Please include an hourly rate for potential additions in the proposal. Other areas of analysis may be offered by the Consultant for the City’s consideration. These add-ons should be described and priced separately from the Scope of Services described herein.

Proposals must analyze and forecast potential short-term and long-term (7+ years) impacts to each of the factors listed below.

1. Property Values.
a. Effects on the real estate market, property values, and participation levels in the vacation rental program.
b. Effects on property tax revenue to the taxing districts in Big Bear Lake.

2. Tourism Volume and Associated Visitor Spending.
a. Effects on the number of visitors to Big Bear Lake.
b. Analysis of annual visitor spending volumes across all local industries. c. Analysis of tax revenues generated from annual visitor spending. d. Analysis of annual tax expenditures associated with mitigating impacts related to tourism.
e. Estimates of annual impacts on private industry revenues, tax revenues, and potential tax expenditures associated with the proposed change in regulations.

3. City of Big Bear Lake Revenues
a. Analysis of the annual budget of Big Bear Lake to estimate the impact of a potential decrease in tax revenues on city services, city employment, and public safety.
b. Estimates of annual impacts to licensing revenues and revenues associated with fines from vacation rental compliance efforts.

City of Big Bear Lake RFP/Economic Impact Analysis
4 4. Broader Impacts
a. Estimates of potential impacts on area employment in both public agencies and private sector firms.
b. Estimates of potential impacts on area wages.
c. Estimate of potential impacts on area population and school enrollment. d. Estimate of potential shift in vacation rental bookings to area outside of City boundaries.

The proposal must provide a clear description of the outcomes of the analysis and a list of data sources that will be used to provide input into the analysis.

4. ANTICIPATED SCHEDULE
The schedule for this RFP is anticipated as follows, but may change as necessary:

March 10, 2022 Issuance/Distribution
March 17, 2022 Deadline for consultant questions, no later than 3:00 p.m.

April 7, 2022 Submissions must be received no later than 3:00 p.m.

May 2, 2022 Contract authorized by City Council
(or May 16, 2022) Alternative date for contract approval by City Council

5. SUBMITTAL INSTRUCTIONS
By submitting a response, Consultant represents that it has thoroughly examined and become familiar with the services required under this RFP and that it is capable of performing quality work to achieve the City’s objectives, as described under Scope of Services, within 30 days of authorization to commence work which is anticipated to be as early as the day following City Council authorization to execute a Professional Services Agreement with Consultant. Consultant is prepared to comply with all statutes and regulations applicable to the work to be performed.

5.1 City Contact
Should a Consultant require clarifications to this RFP, such inquiries must be submitted in writing before 3:00 p.m. on Thursday, March 17, 2022. If the point in question is not clearly and fully set forth in the RFP, the City of Big Bear Lake will issue a written response or addendum clarifying the matter, which will be emailed to all Consultants soon thereafter.

All inquiries/communication relating to this RFP must be timely and directed to:

Kelly Ent, Director of Administrative Services
[email protected]
City of Big Bear Lake RFP/Economic Impact Analysis
5 5.2 Submission Deadline
All Proposals must be submitted via e-mail to Kelly Ent, Director of Administrative Services at [email protected]. All Proposals must be received no later than 3:00 p.m. on Thursday, April 7, 2022.

5.3 Acceptance of Proposals
 The City of Big Bear Lake reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in any proposals.
 The City of Big Bear Lake reserves the right to amend, withdraw or cancel this RFP at any time without prior notice and it makes no representations that any contract will be awarded to any Consultant responding to this RFP.  Proposals received by the City of Big Bear Lake are public information and will be made available to any person upon request, after the entire proposal evaluation process has been completed.
 Submitted proposals are not to be copyrighted.
 Please be aware that the maximum size email the City can accept is 150 Mb (including text and attachments) per message. It is recommended that Proposals are submitted in advance of the deadline to avoid any unanticipated technical difficulties.

6. EVALUATION CRITERIA
Responsive Proposals from eligible Consultants will be evaluated and ranked, as follows:

Evaluation Factor Maximum Points
Experience and qualifications 50
Project approach 30
Cost proposal 20
A Consultant may be selected without discussion after proposals are received. At the City’s discretion, interviews may or may not be conducted. Therefore, Proposals should include comprehensive information for each of the Proposal Elements outlined in Section 7 of this RFP.

6.1 Consultant Experience and Qualifications of Key Personnel Sample work products of a similar scope/nature required by this RFP will be considered when evaluating experience and qualifications. Consultant shall provide client references where a similar scope of services has been provided.

Client references for work in resort communities like Big Bear Lake which have a City of Big Bear Lake RFP/Economic Impact Analysis
6 mix of permanent residents and second homeowners, vacation rentals and commercial accommodations, and day visitors is highly desired. Submission of client references constitutes the Consultant’s express consent for the City to contact any or all of the listed references regarding Consultant qualifications.

6.2 Project Approach
Consultant shall demonstrate a clear understanding of the Scope of Services and as well as the ability to deliver a comprehensive report within 30 days of authorization to commence work. Approach shall demonstrate the ability to conduct a comprehensive analysis and to identify potential impacts of the proposed Initiative.

6.3 Cost Proposal
Consultant’s proposal shall include an hourly rate schedule for key personnel and reimbursable expenses which make up the total cost for the Scope of Services as set forth in this RFP. Consultant is encouraged to recommend additional elements be added to the Scope of Services which will lead to the most comprehensive analysis. Any such recommendations shall be separately identified including a proposed cost on a time and materials basis showing identified personnel, hourly rates and reimbursable expenses.

7. PROPOSAL ELEMENTS
Consultants must submit Proposal responses to include all requested information, as outlined in this section. Reponses must be comprehensive and organized as follows:

7.1. Cover Letter
The cover letter must be signed by an officer of the firm authorized to execute a contract with the City. The primary contact should be identified with a phone number, email, location and mailing addresses. A description of the Consultant’s commitment and general approach for performing the analysis.

7.2. General Qualifications
Provide a summary of the Consultant’s qualifications, general information about the firm, location of office(s), years in business, and areas of expertise. Consultant should describe recent projects that involved a similar scope of services, past performance, individual or team accomplishments, and examples of similar work.

7.3. Key Staff
Identify key staff and include a description of their abilities, qualifications, experience, and role for this RFP. Identified team members must disclose any financial, business, City of Big Bear Lake RFP/Economic Impact Analysis
7 or other relationships that might create potential conflicts of interest in the proposed role(s). The City of Big Bear Lake reserves the right to approve all key personnel individually for work on the contract.

After a contract is signed, Consultant may not replace key personnel assigned to the project without written agreement of the City of Big Bear Lake. City approval is required before any personnel substitutions may occur. The City of Big Bear Lake reserves the right to request that the Consultant replace a staff person assigned to the contract should the City of Big Bear Lake consider such a replacement to be for the good of the project. Replacement staff would be subject to the City of Big Bear Lake written approval prior to assignment to the team.

7.4. Project Approach
Consultant shall demonstrate its understanding of the project with a detailed approach and methodology for successful analysis and completion. Consultant shall expand on the activities that would be undertaken in completing the scope of services. As appropriate, Consultant should identify any special issues or problems that are likely to be encountered and how the Consultant would resolve them.

Consultant is encouraged to identify additive alternatives and/or cost-effective measures to the project approach that do not materially deviate from the objectives of the expected scope of services.

7.5. References
Consultant shall provide a list of references, including the names, addresses, e-mail addresses, and telephone numbers of recent clients, preferably other public agencies for which Consultant has done similar work. Reference information should also include specific projects associated with each reference, performance, accomplishments, date work was performed, budget/cost, whether the project was or was not completed on time and within budget, and key personnel involved.

7.6. Budget
Consultant shall provide a comprehensive lump sum cost, including a detailed itemization list of hourly rates for all positions and classifications of key personal, along with rates for any reimbursable expenses.

7.7. Agreement for Professional Services
Please provide a statement that the City’s standard Agreement for Professional Services has been reviewed and that the Consultant will be able to provide the required insurance in the amount, types, and endorsements. Alternatively, if there are provisions within the City’s Standard Agreement, including insurance requirements, City of Big Bear Lake RFP/Economic Impact Analysis
8 which are not acceptable to your firm, please indicate what provisions those are and reasons why, and what substitution your firm would suggest.

8. GENERAL INFORMATION

8.1 Appendix A contains the City’s template for professional services agreement, which would be utilized for this Project.

8.2 The City of Big Bear Lake reserves the right to modify the professional services agreement to the extent that it deems necessary either before or during any negotiations with the selected Consultant.

8.3 The Consultant is expected to review the general terms and conditions and acknowledge their acceptance of Appendix A in the Proposal Cover letter (or their objections to specific parts of Appendix A) as a mechanism to expedite the contract negotiation process.

8.4 To accommodate a possible delay in reaching a contract agreement, all parts of the Proposal as described in the RFP shall be valid for one hundred eighty (180) days after submittal.

8.5 The City of Big Bear Lake is not liable for any cost incurred by Consultant prior to execution of a contract.

8.6 Unless otherwise required by the City of Big Bear Lake, the City does not intend to provide office space for Consultant’s personnel at City Hall. The City of Big Bear Lake does not intend to reimburse the Consultant for personnel relocation under a contract on this solicitation.

City of Big Bear Lake
Professional Services Agreement

APPENDIX A

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 20____ by and between the City of Big Bear Lake, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 39707 Big Bear Boulevard, Big Bear Lake, California 92315 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF

ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Economic Impact Analysis of Proposed Change in Vacation Rental Regulations (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ [Insert amount of compensation]. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

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3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

Consultant shall complete the services required hereunder within 30 days. The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance.

Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted

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(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, and agents designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

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d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence / $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

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g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

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i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful

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misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

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15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 16 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

18. Organization
Consultant shall assign _________________________ as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

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CITY:

City of Big Bear Lake
PO Box 10000
39707 Big Bear Boulevard
Big Bear Lake, California 92315
Attn: Kelly Ent, Administrative Services
CONSULTANT:
[***INSERT NAME, ADDRESS & CONTACT
PERSON***]
and shall be effective upon receipt thereof.

21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

22. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

27. Time of Essence
Time is of the essence for each and every provision of this Agreement.

28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF BIG BEAR LAKE
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF BIG BEAR LAKE [***INSERT NAME***]
Frank Rush, Jr.

City Manager
PRINTED NAME:

TITLE:

ATTEST:

Erica Stephenson
City Clerk
PRINTED NAME:

TITLE:

APPROVED AS TO FORM:

Stephen Deitsch
City Attorney

Kelly Ent
Director of Administrative Services

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EXHIBIT A
Scope of Services
Consultants are expected to:

1. Prepare a written report and PowerPoint presentation in a clear and concise manner, conforming to City standards and templates, as applicable.

2. Present the findings to staff either remotely or in person prior to the City Council presentation so a staff member can effectively prepare the City Council Staff Report.

3. Conduct a formal presentation of the report findings to the City Council at a public meeting and field any questions from the City Council and public.

4. Provide to the City all final documents and presentations created on behalf of the City in a format that is unlocked and accessible to the City (e.g., Microsoft Word, Excel, PowerPoint).

5. Analyze and forecast potential short-term and long-term (7+ years) impacts to each of the factors listed below. Additional components may be added to the analysis by City and/or offered by Consultant for City’s consideration. Additional components will be compensated at the hourly rate shown in Exhibit B.

Property Values.
a. Effects on the real estate market, property values, and participation levels in the vacation rental program.
b. Effects on property tax revenue to the taxing districts in Big Bear Lake.

Tourism Volume and Associated Visitor Spending.
c. Effects on the number of visitors to Big Bear Lake.
d. Analysis of annual visitor spending volumes across all local industries. e. Analysis of tax revenues generated from annual visitor spending. f. Analysis of annual tax expenditures associated with mitigating impacts related to tourism. g. Estimates of annual impacts on private industry revenues, tax revenues, and potential tax expenditures associated with the proposed change in regulations.

City of Big Bear Lake Revenues.
h. Analysis of the annual budget of Big Bear Lake to estimate the impact of a potential decrease in tax revenues on city services, city employment, and public safety. i. Estimates of annual impacts to licensing revenues and revenues associated with fines from vacation rental compliance efforts.

Broader Impacts.
j. Estimates of potential impacts on area employment in both public agencies and private sector firms.
k. Estimates of potential impacts on area wages.
l. Estimate of potential impacts on area population and school enrollment. m. Estimate of potential shift in vacation rental bookings to area outside of City boundaries.

Page 14 of 14 ends

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task, as well as the remaining budget for each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant, in advance of such work being performed.

Services as described in Exhibit A shall not exceed $_________.

Hourly rates for key personnel assigned to this contract are as follows:
[Insert list of personnel and hourly rates here]
Reimbursable expenses will be invoiced as follows:
[Insert reimbursable costs and rates here]
The Big Bear Lake United to
Limit Short‐Term Rentals Initiative

APPENDIX B

City of Big Bear Lake
Vacation Rental Regulations

APPENDIX C

3/10/22, 5:44 PM Big Bear Lake, CA Code of Ordinances
1/8
A.

B.

C.

D.

E.

F.

G.

H.

Title 4 - VISITOR-SERVING USES AND TOURISM
Chapters:

Chapter 4.01 - VACATION RENTALS
Sections:

4.01.010 - Purpose.

This chapter is intended to provide a procedure to allow the rental of private homes to visitors on a short-term basis as vacation rentals. The city seeks to promote vacation rentals, promote responsible visitor behavior, and protect the residential character of its neighborhoods. (Ord. No. 2021-488, § 5(Exh. A), 1-11-21; Ord. No. 2021-495, § 4(Att. B), 8-16-2021)

4.01.020 - Definitions
For purposes of this chapter, the following words and phrases are defined as follows:
"Agent" means a person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner.
"Bedroom" means a room designed primarily for sleeping that meets the definition of the California Building Codes currently adopted by the city. "Check in" means the arrival of a guest at a vacation-rental property or agent's office. "Home-sharing" or "home-sharing property" means the rental of no more than two bedrooms in a detached single-family unit for a term of twenty-eight (28) or fewer consecutive days while the owner of the unit is present and living in the unit. "Hosting platform" means a person or entity who participates in home-sharing or vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com , Airbnb.com , homestay.com and other internet and noninternet based services that facilitate bookings for a fee. "Owner" means a person or entity, who holds record fee title to the property, except that "owner" does not include the holder of a leasehold interest in the property. "Responsible party" means the lessee of a vacation-rental property. "Vacation rental" or "vacation-rental property" means either (1) a residential dwelling unit that 3/10/22, 5:44 PM Big Bear Lake, CA Code of Ordinances
2/8
A.

B.

A.

B.

C.

D.
is leased for a term of twenty-eight (28) or fewer consecutive days; or (2) a home-sharing property.
(Ord. No. 2021-488, § 5(Exh. A), 1-11-21; Ord. No. 2021-495, § 4(Att. B), 8-16-2021)

4.01.030 - License required.

A current, valid annual license issued by the city to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a vacation-rental property. The license shall be posted inside of the vacation-rental property.
(Ord. No. 2021-488, § 5(Exh. A), 1-11-21; Ord. No. 2021-495, § 4(Att. B), 8-16-2021)

4.01.040 - Licensing procedure.

An owner shall apply to the city for a license annually for each vacation-rental property and pay a fee established by resolution of the city council. The city shall provide an application form and list of application and insurance requirements.

An owner may not hold more than two licenses, except that an owner holding more than two licenses as of September 16, 2021, may renew those licenses unless they have been revoked or not renewed within thirty (30) days of expiration.
(Ord. No. 2021-488, § 5(Exh. A), 1-11-21; Ord. No. 2021-495, § 4(Att. B), 8-16-2021)

4.01.050 - Transient occupancy tax.

Except as provided in subsection B below, the owner is responsible for collecting and remitting transient occupancy tax and tourism business improvement district assessments to the city and shall comply with all provisions of Chapter 3.20 of this Code concerning transient occupancy taxes.

Beginning January 1, 2022, hosting platforms shall be responsible for collecting all applicable transient occupancy taxes and tourism business improvement district assessments and remitting the same to the city. The hosting platform shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant to Chapter 3.20.

Owners shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf.

Licensees making two or more late submittals in a twelve (12) month period shall not have their license renewed upon expiration.
(Ord. No. 2021-488, § 5(Exh. A), 1-11-21; Ord. No. 2021-495, § 4(Att. B), 8-16-2021)

4.01.060 - Operational requirements.
3/10/22, 5:44 PM Big Bear Lake, CA Code of Ordinances
3/8
A.

B.

C.

D.

E.

F.

G.

H.

The owner and owner's agent shall ensure that the vacation-rental property complies with all applicable codes regarding fire, building and safety, health and safety, zoning, lighting, and all other laws and regulations.

All guest check-ins must be performed in person by the owner or the owner's agent. The responsible party must be present in person at the check-in. The responsible party must sign a copy of the city's good neighbor policy prior to or during check-in. A copy of the signed policy shall be provided to the city by the owner or owner's agent upon request. An owner or agent may provide an electronic process for guests to sign and acknowledge the city's good neighbor policy at check-in.

Occupancy of the vacation-rental property shall always be limited to the limit stated on the license. Such occupancy shall not exceed two adults per bedroom, plus two additional adults, not including persons under eighteen (18) years of age; but the total number of persons, including persons under eighteen (18) years of age, may not exceed one person per two hundred (200) square feet of living space or sixteen (16) persons, whichever is less. Properties without all the parking spaces that are required by Section 17.25.070 are limited to two adults per parking space provided.

No party, wedding, or other gathering exceeding occupancy limits is permitted without prior written approval by the city manager or the city manager's designee at least thirty (30) days in advance. City approval is discretionary and may be subject to reasonable conditions.

Off-street parking spaces shall be provided on the vacation-rental property sufficient for all vehicles and trailers associated with the vacation-rental property or its occupants in accordance with Section 17.25.070. Parking is allowed only in designated driveways and garages and is not allowed in the yard or street at any time. The maximum number of vehicles at a vacation-rental property at any time is also the minimum number of parking spaces required. Gravel parking spaces approved for vacation-rental properties licensed before January 11, 2021, and originally constructed after January 1, 2004, shall continue to be allowed until January 1, 2026. Properties licensed before January 11, 2021, that do not contain off-street parking spaces shall continue to be allowed until January 1, 2026.

Upon the request of the city, the owner or the owner's agent shall respond in person at the vacation-rental property within thirty (30) minutes of dispatch of notice by the city to correct a violation of this chapter or any other provision of this Code.

No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other any machine or device for the producing or reproducing of any sound may be operated on the vacation-rental property unless it is within a fully enclosed structure and is not audible at the property line of the vacation-rental property.

Outdoor activity that disturbs the peace and the use of an outdoor spa are prohibited between 3/10/22, 5:44 PM Big Bear Lake, CA Code of Ordinances
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I.

J.

K.

L.

A.

B.

C.
the hours of ten p.m. and seven a.m.

Each vacation-rental property shall be equipped with no more than one informational sign as described in the registration materials.

Trash may not be stored at a vacant vacation-rental property at any time.

Incessant barking from dogs heard beyond the property line is prohibited.

The owner shall include notice to lessee of the requirements of this section in all leases and post a visible notice at the entrance to the vacation-rental property. (Ord. No. 2021-488, § 5(Exh. A), 1-11-21; Ord. No. 2021-495, § 4(Att. B), 8-16-2021)

4.01.070 - Agency and certification.

An owner may grant authority to an agent to act on behalf of the owner for purposes of fulfilling some or all the requirements of this chapter. The owner shall give prior written notice to the city of any grant of authority to a notice, including the identity and contact information for the agent. The owner shall promptly give the city written notice of any change to any such grant of authority of making such change. The use of an agent shall not excuse the owner from the owner's obligations of this chapter. Agents and owners fulfilling any of the requirements of this chapter shall be annually certified by the city. (Ord. No. 2021-488, § 5(Exh. A), 1-11-21; Ord. No. 2021-495, § 4(Att. B), 8-16-2021)

4.01.080 - Inspection and audit.

Each owner and owner's agent shall provide the city with access to the vacation-rental property and to such related records, documents, tax returns, and bank accounts at any time during normal business hours as the city may determine are necessary for the purpose of inspection or audit to determine that the objectives and conditions of this chapter are being fulfilled. (Ord. No. 2021-488, § 5(Exh. A), 1-11-21; Ord. No. 2021-495, § 4(Att. B), 8-16-2021)

4.01.090 - Hosting platform responsibilities.

Subject to applicable laws, hosting platforms shall, upon written request by the city, promptly disclose to the city each vacation-rental property listing located in the city, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.

A hosting platform shall promptly remove any listing upon receipt of a take-down notice from the city indicating that a listing violates applicable legal requirements.

A hosting platform is responsible for collecting and remitting transient occupancy taxes and tourism business improvement district assessments on behalf of their hosts beginning January 1, 3/10/22, 5:44 PM Big Bear Lake, CA Code of Ordinances
5/8
D.

A.

B.

C.

D.

E.

F.
2022, in accordance with Section 1.01.050 above.

A hosting platform shall require all hosts to include a valid license number in a designated field dedicated to the license number no later than January 1, 2022. (Ord. No. 2021-488, § 5(Exh. A), 1-11-21; Ord. No. 2021-495, § 4(Att. B), 8-16-2021)

4.01.100 - Violations and penalties.

The city may issue an administrative citation to any person who operates a vacation-rental property without a license. The administrative fine for the first citation shall be in the amount of five thousand dollars ($5,000.00). Any person operating an unlicensed vacation-rental property shall be permanently ineligible to operate a vacation-rental property in the city, and any property that is operated as a vacation property without the required license shall be ineligible for vacation-rental property license for a period of one year from the most recent citation issued for operating without a license. If the person continues to operate a vacation-rental property without a license, the city may issue an additional administrative citation, with an administrative fine in the amount of ten thousand dollars ($10,000.00). Any additional violation shall be subject to additional citations with escalating fines provided in a schedule established by the city council by resolution. A person operating an unlicensed vacation-rental property is liable to the city for the payment of transient occupancy tax in accordance with the provisions of Chapter 3.20 of this Code, including without limitation penalties and interest.

For any violation of this chapter that is not subject to subsection A above and D below, the city may impose an administrative fine for the first violation in the amount of five hundred dollars ($500.00). The fine for each subsequent violation shall be one thousand dollars ($1,000.00).

Each administrative citation for a violation of any provision of this chapter may be levied or assessed against one or more of: the owner, the owner's agent, a hosting platform, and the responsible party. The city may initiate revocation of a license after one violation. Each day that a violation occurs is a separate violation, for which the city may issue a separate administrative citation and fine.

Any person who advertises a vacation-rental property with false occupancy information, offering self-check-in, or without including a valid license number for the property in the advertisement shall pay a fine in the amount of two thousand five hundred dollars ($2,500.00), and the owner's license may be revoked. The owner's license shall be revoked for a second offense, if not revoked already.

The failure of an owner or the owner's agent to comply with an order of any police officer shall result in the revocation of the license.

The appeal and hearing provisions of Section 1.17.070 of this Code apply to any revocation or suspension of a license. In lieu of revocation or suspension of a license, the city manager, at his 3/10/22, 5:44 PM Big Bear Lake, CA Code of Ordinances
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G.

H.
or her discretion, may place additional operating conditions on a vacation-rental property.

In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the city from pursuing any other remedy, whether criminal, civil, or administrative, through which the city may enforce this chapter or address any violation of this Code or to remedy any other public nuisance.

Owners and agents must accept all city vacation-rental-related correspondence, including, but not limited to, notices of violation, administrative citations, registration materials, notices of regulatory changes, and transient occupancy tax notices via email delivery. It is the responsibility of the owner and agent to ensure that the email address provided on the license application is active and monitored regularly.
(Ord. No. 2021-488, § 5(Exh. A), 1-11-21; Ord. No. 2021-495, § 4(Att. B), 8-16-2021)

4.01.110 - Vacation rental eligibility table.

Zoning district Improvements on property Vacation rental eligibility R-L & R-1 Zones 1 single-family unit Eligible
1 single-family unit &
detached guest house (no
kitchen)
Eligible, as one unit
combined. Must rent the
entire property to same
party. No kitchen allowed in
guest house.
1 single-family unit & ADU Not eligible
1+ detached single-family
units
Only 1 unit is eligible
1+ attached single-family
units
Only 1 unit is eligible
R-3 zone 1 single-family unit Eligible
**
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1 single-family unit &
detached guest house (no
kitchen)
Eligible, as one unit
combined. Must rent the
entire property to same
party. No kitchen allowed in
guest house.
1 single family unit & ADU Not eligible
1+ detached single-family
units
Only 1 unit is eligible
2—4 attached single-family
units
All are eligible
>4 attached single-family
units under single ownership
(apartments)
None are eligible
>4 attached single-family
units under multiple
ownership
(condominiums)
All are eligible
Commercial zones
(including village
commercial)
1 single-family unit Village commercial = eligible.

Commercial zones = not
eligible.

Mixed-use building
1+ detached single-family
units
1+ attached single-family
units
None are eligible.
**
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Owners of licensed properties as of January 11, 2021 that are not in compliance with the above table can continue to renew license unless it has been revoked or expired more than 30 days.

No property is eligible for a vacation rental license if the property has an ADU on it, regardless of zone.
(Ord. No. 2021-495, § 4(Att. C), 8-16-2021)
*
**
ATTACHMENT 4
Tourism Economics 1
303 W Lancaster Avenue
Wayne PA 19087
Phone: 610.995.9600
Fax: 610.995.9611
www.tourismeconomics.com
Kelly Ent
Director of Administrative Services
City of Big Bear Lake, CA
39707 Big Bear Blvd 92315
RE: Response to Request for Proposals - Economic Impact Analysis of Proposed Change to Vacation Rental Regulations in Big Bear Lake
April 7, 2022
Dear Kelly,
Thank you for the opportunity to support the City of Big Bear Lake. We understand the City is seeking proposals to conduct economic impact analysis of proposed changes to regulations of vacation rentals. You will find our proposal in MS Power Point format enclosed with this letter and email. The proposal includes an introduction to our firm, a description of our experience and expertise, and professional references. We have also included our understanding of the requested scope, a proposed methodology, and corresponding costs to complete the analysis.

We will be pleased to support the City of Big Bear Lake with this important project. Please let us know if we can answer any questions regarding any material in our proposal.

Best regards,
Adam Sacks
President
Tourism Economics
610.563.1172 mobile
[email protected]
Economic Impact Analysis of
Proposed Changes to Vacation Rentals
Regulations in Big Bear Lake, CA
Proposal submitted by
2 Introduction
Business profile & legal structure
Methodology
Project deliverables and terms
Expertise
Testimonials
Project staffing
Agreement
1 2
3 4
5 6
7 8

TABLE OF

CONTENTS
1 Introduction
4 Our proposal is organized as follows:
▪ Section 2 describes our business profile and legal structure; ▪ Section 3 describes our methodology;
▪ Section 4 lays out the project deliverables and terms; ▪ Section 5 describes our experience;
▪ Section 6 includes client testimonials;
▪ Section 7 outlines project staffing; and
▪ An agreement is provided in Section 8.

Thank you for this opportunity. We would be pleased to support the City of Big Bear Lake with this important project.

Vacation rentals generate economic benefits in the City of Big Bear Lake as visitors to the region spend money at businesses in the local economy. Drawing in visitors and their spending is essentially exporting tourism services and generating new dollars in the local economy. Tourism Economics, an Oxford Economics company, is pleased to present this proposal to conduct an analysis of the economic and fiscal (tax) impacts of the proposed changes to vacation rental regulations on the Big Bear Lake economy.

We have extensive experience analyzing economic impacts for a broad range of clients, including DMOs, educational institutions, recreation/entertainment venues, and others in Southern California and throughout the state. Recent projects include:
▪ The Economic Impact of Vacation Rental Visitors in Greater Palm Springs (2016 and 2020)
▪ An Assessment of the Proposed Change in Vacation Rental Regulations in Palm Springs, CA (2018) and the Greater Palm Springs region (underway in 2022)
▪ Review and quality assurance of estimates of impacts of vacation rental regulations changes in the City of La Quinta, CA (underway in 2022) ▪ The Economic Impact of a Proposed Hospitality Management Program at Palm Desert Campus
▪ Economic Impact of Tourism in San Luis Obispo County, California (Visit SLO CAL)
▪ Quarterly Visitor Tracking for San Luis Obispo County, California (Visit SLO CAL)
▪ Economic Impacts of Discovery Place
▪ Economic and Fiscal Impacts of the Clearwater Marine Aquarium ▪ San Diego Visitor Forecast (San Diego Tourism Authority) ▪ Los Angeles Visitor Forecast (Los Angeles Tourism and Convention Board) Introduction
2 Business Profile & Legal Structure
6 Business Profile & Legal Structure
Main Services
Our main services provided to clients include:
• Economic impact analysis
• Project feasibility & market strategy
• Policy impact analysis
• Travel forecasting
• Economic forecasts
Employees
Tourism Economics employs 30 economists. More than 300 leading companies, associations, and destinations work with Tourism Economics every year as a research partner.

Oxford Economics employs over 400 full-time staff, including 300 professional economists, industry experts and business editors—one of the largest teams of macroeconomists and thought leadership specialists. Our worldwide client base comprises over 2,000 international organizations.

Tourism and Oxford Economics assign senior staff at the center of each and every project.

The principals who represent our work remain involved through each stage of project fulfillment. We have found this to be an optimal way to sustain high quality. It is also the way we enjoy working.

Company Information
Tourism Economics LLC
303 W Lancaster Avenue, Suite 2E
Wayne, PA 19087
610.995.9600 phone
610.995.9611 fax
[email protected]
www.tourismeconomics.com
Legal Contact
Adam Sacks | President
[email protected] / 610.995.9600
Company History
Tourism Economics was founded in 2005 as an Oxford Economics company with a singular objective: combine an understanding of travel dynamics with rigorous economics to answer the most important questions facing destinations, developers, and strategic planners. By combining quantitative methods with industry knowledge, Tourism Economics designs custom market strategies, visitor forecasting models, policy analysis, and economic impact studies.

Our parent company, Oxford Economics, has built a reputation over the past 35 years of impartial, rigorous economic analysis.
7 Our approach to economic analysis will enable the City of Big Bear Lake to understand the potential impact of proposed changes to regulations of vacation rentals in the City, in categories that matter for economic development. These categories include tax generation, employment, household income, and business sales. Tourism Economics will measure the impact on each of these in detail based on a set of complementary datasets. Results will be expressed in terms consistent with other economic impact analyses we have completed in the region, allowing for easy comparison and understanding.

The analysis will begin with a compilation of all relevant data sets as inputs to the economic impact model.

Project Approach
Credibility
Analysis will be grounded in consistency with
government-reported data and based on a
variety of data sources
Comprehensiveness
The incorporation of a broad range of data
sources will ensure that the entire visitor
economy is quantified
Clarity
Results will be communicated to maximize
relevance to stakeholders
Tourism Economics’ impact analysis will be built
with three objectives in view
3 Methodology
9 Our analysis will cover three broad areas in the context of the proposed changes to vacation rental regulations:

1. The visitor economy: the impact on visitor volume and direct spending by category, and the jobs and income driven by this spending, directly and indirectly.

2. Property values: the effects of vacation rentals on property values and taxes in general, and revenues generated by units in the rental program.

3. City of Big Bear Lake revenues: an analysis of revenues to the City generated by rental units, to include TOT and other revenues such as sales tax driven by visitor spending in the local economy.

Total market estimate
The first step in the process is to understand the context in which the proposed change would occur. In order to estimate the impact of the change, the baseline needs to be established with estimates of the total market, that is, total visitor volume and spending driven by vacation rentals in Big Bear Lake. This baseline economic impact analysis will measure the direct, indirect, and induced impacts of vacation rentals in terms of business sales, jobs, personal income, and taxes for both the region and state.

This step estimates direct spending that occurs in the regional economy as result of vacation rentals and the visitors they draw into the region. Tourism Economics will draw on various data sources to estimate overall direct spending, including the data sources listed on the following page, of out-of-town guests staying in vacation rentals and measure the effects of their spending in Big Bear Lake.

Action Plan
Understanding of the project scope and objectives
The next step in the process will be to utilize an input-output model, constructed for San Bernardino County, and adjusted for Big Bear Lake, in order to estimate the broader, indirect benefits throughout the region. The analysis will be conducted at the City level with benefits and impacts reported for the City only.

Tourism Economics will coordinate with City staff throughout the data collection process to determine data availability and reliability.

The Impact of the Proposed Regulation
Once the baseline is established, the next step in the analysis would be to estimate the impacts of the proposed regulation change. We would rely on City staff for data covering unit registrations, units affected by regulation change, and Transient Occupancy Tax (TOT) revenues driven by vacation rentals.

Understanding the number of registered units affected by the proposed regulation change will enable us to estimate the associated visitor volume and spending that could be affected, either reduced or shifted away, and the ripple effects that flow through the local economy in terms of jobs, income and tax revenues. 10 Property values analysis
In order to assess if proximity to vacation rental properties has any impact (positive or negative) influence on property values and sales, it is important to control for other variables and housing characteristics that influence sales prices.

The research team will utilize hedonic regression analysis to estimate the effects of various housing characteristics on sales prices. Based on data availability, the housing characteristics to be included in the modeling process will include:
• Most recent sale price
• Most recent sale date
• Proximity to vacation rental property
• Age of house
• Lot size (sq ft)
• Livable space (sq ft)
• Number of bedrooms
• Number of bathrooms
• Fireplace(s)
• Basement
Action Plan
Understanding of the project scope and objectives
The research team will compile data on historic property sales transactions by obtaining detailed property tax records and sales data from the local tax assessors office. We will review and clean the data to remove any data entry errors and will geocode sales transactions and registered vacation rental properties. Having the location of both sales and rental properties will allow us to isolate the impact of proximity to rental properties on of the value of the transaction.

Once the data preparation process is complete, the research team will create multivariate statistical models where the dependent variable is sales price, and the independent variables are the various housing characteristics and proximity to rental properties. The end result will be an estimate of how City property sales prices are affected by proximity to registered vacation rental units. Hypothetical conclusions may include, “After controlling for standard housing characteristics like livable space, lot size, and number of bedrooms, sale prices for properties within ¼ mile from a rental property between 2017 and 2018 were 5% (or $10,000) less (or more) compared to other property sales in the City.”
Completion of this analysis is contingent upon sales and transaction data availability. 11 Key data inputs
Economic & Fiscal Impact Analysis
The following table outlines various metrics that will be included in the impact study.

Metric Data inputs
Visitor profile survey research Visitor profile data will utilized for regional and peer destinations, and adjusted for local price levels
Transient Occupancy Tax revenues Data will be obtained directly from the City Rental unit registrations Data will be obtained directly from the City Vacation rentals room-nights and revenues Data will be obtained directly from the City or from third party vendors (AirDNA, Key Data)
Local employment and wage data Obtained from government maintained databases (BEA, BLS, U.S. Census) with local estimates developed by TE as needed Property values Data will be obtained from local the tax assessors office and complimented by geolocation data
12 Develop economic impact model
After compiling all necessary data inputs, the research team will utilize an Input-Output (IO) model constructed in IMPLAN (www.implan.com) to trace the full extent of industry impacts. IMPLAN is recognized as an industry standard in local-level I-O models.

An I-O model represents a profile of an economy by measuring the relationships among industries and consumers and produces estimates of the following components:
• Direct impacts
• Indirect impacts
• Induced impacts
For example, an I-O model tracks the flow of visitors’ direct spending on restaurant expenditures to wages, profits, capital, taxes and suppliers. The supplier chain is also traced to food wholesalers, to farmers, and so on. In this way, the I-O model allows for the measurement of the direct and indirect sales generated by a restaurant meal. The model also calculates the induced impacts of the university. These induced impacts represent benefits to the economy as employees of the university spend their wages in the local economy, generating additional output, jobs, taxes, and wages.

IMPLAN calculates three levels of impact – direct, indirect, and induced – for a broad set of indicators. These include the following:
• Business Sales
• Wages
• Employment
• Federal Taxes
• State Taxes
• Local Taxes
Direct, indirect, and induced impacts
Economic & Fiscal Impact Analysis

DIRECT IMPACTS
Bear Lake vacation rentals’
Contribution measured in
terms of visitor spending
TOTAL

IMPACTS
Direct, indirect,
and induced
impacts
SALES
GDP
JOBS
INCOME
TAXES
> >
SUPPLY
CHAIN

EFFECTS
B2B GOODS
& SERVICES

PURCHASED
INCOME
EFFECT

HOUSEHOLD

CONSUMPTION

INDIRECT IMPACTS
Purchases of inputs from suppliers
Suppliers’ own supply chains

INDUCED IMPACTS
Consumer spending out of
employees’ wages:

RETAIL

ENTERTAINMENT/REC

FOOD & BEVERAGE

TRANSPORTATION

LODGING

LOCAL OPERATIONAL &

CAPITAL SPENDING
Tourism Economics Economic Impact Model
13 Develop economic impact model (continued)
The modeling process begins with aligning the various data inputs with the related sectors in the model. Each component of the main data inputs will be matched with the appropriate IMPLAN industry specification.

The model is then run to simulate the flow of these expenditures through the city and regional economies. In this process, the inter-relationships between consumers and industries generate each level of impact for each economic indicator (sales, personal income, employment, taxes, etc.). This analysis will first provide an estimate of the total benefits driven by vacation rentals and also of the impact of the proposed regulation change through a reduced number of registered rental units.

Tourism Economics will then iteratively adjust the model to balance the results with known industry measurements. IMPLAN is flexible, allowing for adjustments in coefficients. This ensures that the results of the model are consistent and reasonable compared with other sources of specific tourism sector employment and taxes.

Figures will be segmented by industry—including those industries which benefit indirectly. This will provide valuable insights into how various industries benefit from visitor spending.

Economic & Fiscal Impact Analysis
Indirect and induced impacts
14 Visitor Spending
Non-local visitor spending,
including spending on
lodging, recreation, retail
goods, transportation, and
food and beverage.

Supply Chain Purchases
• Professional services
• Business services
• Communications
• Wholesale trade
• Finance, insurance,
real estate
Spending of Employees
• Food & beverage
• Real estate/housing
• Transportation
• Finance
• Communications
• Entertainment &
recreation

ECONOMIC OUTPUT
(Business sales)

GROSS VALUE TO GDP
(Value added)

INCOME AND

EMPLOYMENT
(Jobs supported & wages)

FISCAL IMPACTS
(Tax revenues generated)
Direct Impact
Indirect Impact
Induced Impact
Total Impact
on the industry supply
chain attributable to the
direct spending impacts
of visitors. Indirect
impacts arise due to
increased demand for
goods and services and
the incremental
purchases across all
related sectors
necessary to meet this
additional demand
generally referred to as
"production-induced."
of spending by visitors
staying in vacation
rentals
on the wider economy
due to increased
household income and
higher purchasing power
of the local population
involved in the
production and delivery
of the services that drive
further spending in the
local economy, and
hence generally referred
to as "consumptioninduced."
of combined direct,
indirect, and induced
impacts.

A
B
C
Economic & Fiscal Impact Analysis
Economic impact flowchart
D
15 A detailed tax analysis will combine IMPLAN output with bottom-up calculations of sales taxes, bed taxes, and other tourism-specific taxes to complement the standard model results. Tax impacts will include the detailed line items outlined in the accompanying table.

The fiscal analysis will include both the total benefits driven by vacation rentals and the estimate of the impact of the proposed regulation change. Although model estimates include revenues generated at federal, state and local levels, our analysis will focus on local level revenue impacts.

Fiscal (tax) impacts
Economic & Fiscal Impact Analysis
Federal Taxes
Corporate
Sales tax
Personal income
Social security
Other federal taxes
State Taxes
Sales tax
Corporate income
Personal income
State unemployment
Local Taxes
Property
Bed tax
Sales tax
Income
Municipal taxes
Tourism Economics Fiscal Impact Model
4 Project Deliverables & Terms
17 Presentation of findings
Even the best research is only as good as its presentation. Tourism Economics will develop a clear and graphical presentation of the results with narrative explaining the concepts and their importance. The report will be accessible to the layperson with a view towards a diverse set of audiences including market analysts, legislators, the media, planners, and other stakeholders. Our proven competitive advantage is the ability to communicate complex information in a way that is understandable, relevant, and interesting.

The final report will include professionally designed charts and tables to illustrate the findings along with a clear narrative highlighting the relevance of the results.

Project Deliverables & Schedule
Presentation of findings
Project deliverables
Tourism Economics will deliver the following :
• Bi-weekly status reports
• Raw data files in electronic format
• A final written report (or separate reports as desired) with Executive Summary, detailed analysis, and graphical depiction of findings (draft and final) • A designed summary report that can be circulated to community leaders and stakeholders • Assistance in development of press release
• Availability to speak with the media and policy makers We can complete the project within thirty (30) days of receiving notice to proceed and receipt of all necessary data inputs from the City.
18 Project Deliverables & Terms
Proposed project timeline
The proposed schedule for completion of the
project is presented in the chart to the right, with a
total timeline of thirty (30) days, or approximately
four (4) weeks. This includes data collection,
impact modeling, and report drafting.

M T W T F M T W T F M T W T F M T W T F
Economic Impact Analysis
Data collection and review
Impact model preparation
Total market estimates
Analysis of regulation changes
Analyze fiscal (tax) impacts
Property values analysis
Report
Report drafting
Infographics
Final report
Week 1 Week 2 Week 3 Week 4
19 The cost of the analysis and report is detailed in the accompanying table. The total proposed project budget is $45,500, including all professional services and data costs.

Costs are calculated at a rate of $250/hr for senior analysts and $125/hr for junior analysts and 8 hour working days.

Any additional travel costs will be billed at cost. Additional work not included in the above scope of work can be completed on a per diem basis of $3,500 for senior analysts and $2,500 for junior analysts. 50% of the total project budget will be due upon notice to proceed, and the remaining 50% will be due upon acceptance of the final report.

Project Terms
Proposed project budget
Task Cost
Senior Junior
Data collection, review, preparation 1 5 $7,000
Total market estimates 3 2 $8,000
Impacts of regulation changes 4 2 $10,000
Property values analysis 4 2 $10,000
Report drafting 2 3 $7,000
Core Analytical work $42,000
Anticipated data costs $3,500
Project budget - all components 14 14 $45,500
Staffing days
5 Expertise
21 Why the Tourism Economics Team?
Oxford Economics was founded in 1981 as a commercial venture with Oxford University’s business college to provide economic forecasting and modelling to UK companies and financial institutions expanding abroad. Since then, we have become one of the world’s foremost independent global advisory firms, providing reports, forecasts and analytical tools on 200 countries, 100 industrial sectors and over 3,000 cities. Our best-of-class global economic and industry models and analytical tools give us an unparalleled ability to forecast external market trends and assess their economic, social and business impact.

We employ over 400 full-time staff, including 300 professional economists, industry experts and business editors—one of the largest teams of macroeconomists and thought leadership specialists. Our global team is highly skilled in a full range of research techniques and thought leadership capabilities, from econometric modelling, scenario framing, and economic impact analysis to market surveys, case studies, expert panels, and web analytics. Underpinning our inhouse expertise is a contributor network of over 500 economists, analysts and journalists around the world. Headquartered in Oxford, England, with regional centers in London, New York, and Singapore, Oxford Economics has offices across the globe in Belfast, Chicago, Dubai, Miami, Milan, Paris, Philadelphia, San Francisco, and Washington DC.

Oxford Economics is a key adviser to corporate, financial and government decision-makers and thought leaders. Our worldwide client base now comprises over 1,000 international organizations, including leading multinational companies and financial institutions; key government bodies and trade associations; and top universities, consultancies, and think tanks.

Tourism Economics is an Oxford Economics company with a singular objective: combine an understanding of tourism dynamics with rigorous economics in order to answer the most important questions facing destinations, developers, and strategic planners. By combining quantitative methods with industry knowledge, Tourism Economics designs custom market strategies, destination recovery plans, tourism forecasting models, tourism policy analysis, and economic impact studies.

Oxford Economics operates as a boutique tourism consulting company in one important sense:
we assign senior staff at the center of each project. Our project directors are integrally involved in every stage of work and are directly involved in its development. The principals who represent our work are the same who conduct the work. We have found this to be an optimal way to sustain high quality and maintain close relationships with our clients. It is also the way we enjoy working.
22 The following section highlights Tourism Economics’ relevant experience. Highlighted projects include:

1. Tourism Economics worked with Visit Greater Palm Springs to estimate the economic benefits generated by short-term rentals in the region.

2. Generated estimates of the impacts of proposed changes to shortterm rental regulation changes in the City of Palm Springs.

3. Tourism Economics is working with the City of La Quinta to provide oversight and quality assurance of estimates of proposed shortterm rentals regulation changes.

4. Tourism Economics worked with Visit Greater Palm Springs to assess the potential economic impacts attributable to a proposed hospitality management program at Palm Desert Campus of Cal State University, San Bernardino.

5. The economic impacts attributable to the tourism economy in San Luis Obispo County

6. Quarterly tracking model for visitors to San Luis Obispo County. The model includes estimates of day/overnight visitors and
domestic/international visitors
Experience Highlights
23 Key Factors Underpinning Our Work
Economic and tourism databases
The Oxford Economics global model covers 190 countries and is updated constantly by our data team in Oxford. Our global tourism database of origin-destination visitor flows and spending has the best country and indicator coverage of any private sector provider through our partnerships with the UNWTO, PATA, and the CTO along with our internal updates of the most recent trends.

Senior staffing
Oxford Economics / Tourism Economics operates as a boutique tourism consulting company in one important sense: we assign senior staff at the center of each and every project.

Our project directors are integrally involved in every stage of work and are directly involved in its development. The principals who represent our work are the same who conduct the work. We have found this to be an optimal way to sustain high quality and maintain close relationships with our clients. It is also the way we enjoy working.

Modeling expertise
Tourism Economics and its partner, Oxford Economics, are founded on state-of-the-art modeling expertise. This is best evidenced by the Oxford global economic model which is used by blue chip companies and governments around the world, in addition to the US Treasury, World Bank and IMF.

Industry expertise
Tourism Economics has vast experience in providing actionable and credible analysis of travel activity and real estate developments. Our staff has worked closely with clients throughout Europe, the Middle East, Africa, Asia, the Caribbean, South America, and North America to monitor, quantify, and forecast tourism activity. We have worked extensively with casino developers and destinations to measure the economic impact of gaming activity.
24 Economic Impact Expertise
Travel & Tourism
The Economic Contribution
of Travel & Tourism in
Panama
The economic and social
benefits of air travel
The economic impact of unused
vacation time in the U.S.

The economic contribution
of tourism in the U.K.

Tourism Economics has worked with hundreds of national, state, and city tourism offices to provide a foundational analysis of the importance of the visitor economy. The economic importance of tourism to a destination is commonly under-appreciated and extends well beyond core hospitality and transportation sectors
The economic impact of travel
and tourism in 190 countries
25 Economic Impact Expertise
Travel & Tourism
The Economic Impact of
Travel and Tourism in
190 countries
The economic impact of conventions
and trade shows
The economic impact of
tourism in New York
The economic contribution
of travel & tourism in Panama
Tourism Economics offers a solution to destination marketing organizations (DMOs) and to industry associations that marries rigorous methodology and compelling communication to raise the profile of tourism as an economic engine.
26 Economic Impact Expertise
Events and Projects
Economic Impacts of
Summerfest: The World’s
Largest Music Festival
Tourism Economics has conducted economic impact studies for large-scale events worldwide. Previous clients include city-wide conventions, Olympic games and sporting events, festivals and concerts. Tourism Economics has also conducted impact studies analyzing natural and man-made disasters. 27 Economic Impact Expertise
Economic impacts of attractions, museums, and zoos
Economic Impact of The
Louvre Abu Dhabi
Tourism Economics’ wide range of economic impact clients include domestic and international attractions, museums, zoos, and additional historic sites. 28 Economic Impact Expertise
Marketing Investment Decisions & Project Feasibility Analysis Market Study: Tunnel Tops
at The Presidio
Tourism Economics has conducted feasibility analysis for resorts, condominium hotels, sports events, museums, and retail centers in the US, Caribbean, and Middle East to secure financing, gain government approvals, and adjust development scope. Our team also supports destination marketing organizations (DMOs) to make rational decisions regarding the allocation of marketing funds. 29 Economic Impact Expertise
Industry Associations
Economic Impacts of the
US Attractions Industry
Tourism Economics has conducted impact studies for major industry and business associations. Scopes of work include the global business events industry, the US attractions industry, the global exhibitions industry, the global vacation ownership industry, and the American gaming industry. 30 Economic Impact Expertise
Gaming
Economic Impacts of the
American Gaming Industry
Tourism Economics has conducted impact studies, feasibility analyses, and market penetration studies for proposed and existing gaming facilities worldwide. Tourism Economics staff have provided expert witness testimony on a variety of gaming-related topics. 31 Sports-related economic impacts
The Florida Sports Economy
FY17/18 – FY19/20
Tourism Economics has extensive experience analyzing economic impacts for key stakeholders in the sports industry, including major events, professional teams, sports facilities, sports commissions, and sports associations. Our analyses consider the impacts attributable to the operations of teams, facilities, and events; capital expenditures at sports facilities; and visitor spending at establishments in the local economy. All analyses quantify the economic impacts in terms of business sales, jobs, personal income, and state and local taxes.

Economic Impact Expertise
32 Project Details
Economic Impact of the Rancho Mission Viejo
Riding Park
Client: Blenheim EquiSports (2021)
Oxford Economics quantified the economic impacts of the equestrian events hosted at Rancho Mission Viejo Riding Park in 2021 and for the 20-year period of 2021 to 2040.

Economic Impact of the Nashville Fairgrounds Speedway
Client: Nashville Convention & Visitors Corporation (2021) Oxford Economics quantified the potential economic impacts of the Nashville Fairgrounds Speedway over a 10-, 20-, and 30-year period following an extensive proposed renovation that would make the track a state-of-the-art facility capable of hosting an annual NASCAR race in addition to a core schedule of other motorsport and non-motorsport events, such as concerts, car shows, monster truck shows, and convention and visitor bureau events.

Economic Impact of the Pro Football Hall of Fame
Client: Pro Football Hall of Fame(2021)
Oxford Economics quantified the economic impacts of the Pro Football Hall of Fame (PFHOF) in 2021. The analysis accounted for the PFHOF operations, museum visitors, and signature events including Enshrinement Week (Hall of Fame Game, Class of 2020 and Class of 2021 inductions, Concert for Legends, Balloon Classic, Grand Parade) and the Black College Football Hall of Fame Classic.

Economic Impact of the Tennessee Titans
Client: Nashville Convention & Visitors Corporation (2021) Oxford Economics quantified the economic impact of the Tennessee Titans 2019 season, which accounted for team and stadium operations, as well as spending generated by out-of-town visitors attending Titans home games played at Nissan Stadium.
33 Project Details
King of Prussia District Executive Corporate Meeting &
Events Center Feasibility Study
Client: King of Prussia District (2014)
Tourism Economics conducted a comprehensive feasibility study to determine the demand for a corporate meeting and events center in Montgomery County, PA. The study found that King of Prussia would be an ideal location for the proposed center. In addition, based on the current regional supply of convention and meeting space, the proposed center in the King of Prussia District would add muchneeded high quality, high-tech convention space in the regional market.

Economic Impact of Events
Clients: 150 DMOs and CVBs across the U.S.

The DMAI Event Impact Calculator is an online economic impact analysis tool designed by Tourism Economics for CVBs to calculate the economic value of trade shows, conferences, and other events on their destination. The platform is the established industry standard for economic impact analysis among CVBs.

Economic Impact of Tourism
Clients: 15 states, 20 cities, 20 countries
Tourism Economics regularly updates analysis for governments seeking to understand the economic contribution of tourism activity on their city, state, or country. Past US state experience of the TE team includes: North Carolina, South Carolina, Delaware, New Jersey, New York, South Dakota, Pennsylvania, Minnesota, New Mexico, Ohio, Wisconsin, Maryland, and Georgia. (Underlined states are current clients.) We have conducted Tourism Satellite Account analysis for seven states and over twenty countries.

Economic Impact of Business Travel
Client: U.S. Travel Association / World Travel & Tourism Council
Tourism Economics quantified the economic impact of business travel on overall corporate and national economic performance for the US and for each world region.
34 Project Details
Global Economic Significance of Business Events
Client: Events Industry Council (2018)
Oxford Economics quantified the economic significance of the global business events sector by preparing a comprehensive model of global business events activity. The results show the scope of the business events sector in terms of direct spending and jobs (1.5 billion participants, $1.07 trillion of direct spending) as well as the total impacts of business events in the broader economy ($1.5 trillion of GDP, 26 million jobs). The study represents the first-of-its-kind analysis of the global business events industry. (link) Global Economic Impact of Exhibitions
Client: UFI (2019)
Oxford Economics quantified the economic significance of exhibitions globally. The results show 32,000 exhibitions, with direct involvement of 303 million visitors and nearly five million exhibitors across more than 130 countries. The economic impact supported by exhibitions totaled $325 billion of business sales in 2018, supporting 3.2 million jobs.

Incentive Travel Industry Index
Clients: Society for Incentive Travel Excellence (SITE), Financial & Insurance Conference Professionals (FICP),
Incentive Research Foundation (IRF) (2020)
To support a joint initiative of three associations, Oxford Economics conducted a pan-industry study of incentive travel. The study is at once a historical snapshot of where the industry has come from and a predictive hypothesis of where it’s going. The foundation of the research is a survey of incentive travel professionals worldwide, representing incentive travel end-users, incentive travel agencies, destination management companies, suppliers to the incentive market, and destination marketing organizations. More than 2,600 survey respondents provided information, covering more than 100 countries. Report available online.

Economic Impact of the US Hotel Industry
Client: American Hotel and Lodging Association (2019)
Oxford Economics assessed the economic contribution of hotel operations and guest spending in the US for AHLA. This analysis reported national impacts, as well as for all 50 states and 435 congressional districts. The analysis included direct, indirect, and induced impacts as well as the catalytic impacts of ancillary spending by hotel guests.
35 Project Details
Economic Impacts of the Concerts and Live
Entertainment Industry
Client: Live Nation (2021)
Oxford Economics quantified the economic contributions of the concerts and live entertainment industry. The analysis showed that the industry’s total nationwide economic impact of $132.6 billion supported 913,000 total jobs with associated labor income of approximately $42.2 billion. In addition, the concerts and live entertainment industry generated a total fiscal impact of $17.5 billion in 2019, including nearly $9.3 billion in federal tax revenues and $8.3 billion in state and local tax revenues.

Economic impact of the Grand Prix of Houston
Client: Grand Prix of Houston (2021)
In order to quantify the race’s eligibility for a mandated tax rebate, Tourism Economics measured the total economic impacts and state and local taxes that would be generated by the event.

Economic impact of tourism and the I Love New York
Campaign
Client: New York Association of Convention and
Visitors Bureaus
Tourism Economics developed a county-by-county tourism
economic impact model to measure visitor spending, and related jobs, wages, and taxes. The model quantified tourism value added across each affected industry. We then quantified the impact of the I Love New York campaign across the same metrics using the output of a separate marketing conversion study.

Economic Impact of The Biltmore Companies
Client: The Biltmore Companies (2019)
Tourism Economics analyzed the economic contribution of The Biltmore Company, which is an economic engine and an anchor of the greater Asheville economy, welcoming more than 1.6 million visits in FY 2019. The economic impact analysis included Biltmore’s annual operations, along with the spending of Biltmore visitors at local, offsite establishments and businesses, generates significant economic and fiscal (tax) impacts in the local economy of Asheville. 36 South Dakota Department of Tourism
Kirk Hulstein, Industry Outreach & Development Director [email protected]
Nevada Division of Tourism
Kyle Shulz, Research Manager(212) 484-221
[email protected]
NJ Department of Tourism
Anthony Minnick, Director
213.236.2321
[email protected]
TourismOhio
Matthew MacLaren, Director
[email protected]
North Dakota Commerce
Heather LeMoine, Marketing and Research Manager
[email protected]
Missouri Division of Tourism
Dee Ann McKinney, Research Director
[email protected]
Additional Client References
6 Testimonials
38 Brad Garner
Chief Operating Officer, STR
“Tourism Economics’ reputation for excellence is well-deserved. We are confident our forecast product will be an invaluable tool set for decision makers during this budgeting season and beyond.”
Berkeley W. Young
President, Young Strategies, Inc.
“As always, T.E. was a hit! They have a remarkable ability to make economic trends digestible, even to those who insist they don’t understand economics.” Amir Eylon
Director, Ohio Tourism Division
“Their reports are consistently informative, easy to interpret and apply, and defendable to various stakeholders. Their responsiveness to questions and professional demeanor ensure satisfaction among all our industry members.” Peter Nash
Head of Strategy Development & Insights, Tourism Ireland “They are incredibly responsive to requests for support and have gone out of their way to help with last minute queries.”
Geoffrey Freeman
Executive Vice President, U.S. Travel Association
“Our success in informing national travel policy has been linked to T.E. analysis.” David Johnson
Director-General, Bahamas Ministry of Tourism
“Thank you for the excellent work you performed in terms of the degree of analysis, and especially the recommendations flowing from them. We went well beyond the initial agreed scope and your assessment was quite useful to us.” Candice Snook
Manager, Performance Strategy & Planning, InterContinental Hotels Group "The Tourism Economics team is a pleasure to work with on projects. They are always willing to talk through different approaches or perspectives to solving problems."
Testimonials
7 Project Staffing
40 Adam Sacks is the President of Tourism Economics; an Oxford Economics company dedicated to analytically-based consulting to the tourism sector. Over the past twenty years, Adam has worked with hundreds of travel sector clients to address fundamental economic questions.

On the public sector side, Adam has worked with national, provincial/state and local tourism offices throughout the world. He is an authority on measuring the economic impact of tourism activity–both broadly and for specific initiatives and projects. He has advised destinations on tourism investment policy, the effects of proposed entry procedures, tourism taxation, and marketing strategies. He has provided numerous destinations with analysis on market positioning and emerging opportunities.

Adam has consulted with multi-national hotel chains, airlines, aircraft manufacturers, theme parks, resort developers, and retail operators to measure current and future market opportunities. He has presented to numerous corporate strategic planning teams on the threats and opportunities facing their businesses within the projected travel and economic climate.

He is an expert in developing custom systems for quantifying relevant tourism market segments and tracking the competitive landscape for clients. Adam has developed tourism forecasting models with unrivalled track records.

Adam has implemented the UN-sanctioned TSA methodology for measuring the economic impact of tourism for over a dozen countries and for seven states in the US.

Adam is a compelling and sought-after speaker on issues related to tourism market analysis, the economic impact of tourism and travel-demand forecasting He also has presented tourism impact results to governments around the world. Adam graduated from Lehigh University with a BA in Economics in 1993 and also studied economics at the Free University of Brussels in 1991.

Adam will guide research methodology, review all work, and ensure client satisfaction.

Adam Sacks
President, Tourism Economics
41 Michael Mariano
Director, Tourism Economics
Michael Mariano is a Director with Tourism Economics. Michael has twenty years of experience in economic and statistical consulting, and his research interests include economic and fiscal impact modeling, econometric forecasting, retail market studies, feasibility analysis, and GIS (Geographic Information Systems) modeling and geospatial analytics.

Mr. Mariano has consulted and provided expert testimony for various public, private, and non-profit clients and has managed projects examining public housing, economic development, tax policy, market analysis, and real estate impacts. He has worked on economic impact studies for hotels, casinos, and retail parks nationwide and has extensive experience providing job impact estimates for project funding through the U.S. government’s EB-5 immigrant investor program.

Prior to joining Tourism Economics, Michael was Managing Director of Geospatial Analytics and GIS Solutions at Econsult Corporation, an economic consulting firm based in Philadelphia. Michael received a Bachelor of Science in economics and marketing from the Wharton School and a Master of Science in Urban Spatial Analytics from The University of Pennsylvania.

Michael has managed economic impact projects for various sports organizations and recreation/entertainment venues over his career, including the Tennessee Titans, the Army/Navy Game, Discovery Place, and the Biltmore Companies. He has also worked on several large-scale development projects for clients such as Amtrak, Comcast,
42 Christopher Pike
Director of Impact Studies, Tourism Economics
Christopher Pike has twenty years of experience as a professional economist with the last 15 focused on the tourism sector. Chris is responsible for measuring the economic impact of tourism activity – both broadly and for specific initiatives and projects – and has worked with dozens of state and local tourism offices.

Chris manages a series of ongoing consultancy projects related to the tourist sector, including forecast and impact studies for Destinations International and the U.S. Travel Association. Chris received his Master’s in International Trade and Public Economics from the University of Pennsylvania. 43 Greg Pepitone
Senior Economist, Tourism Economics
Greg is a Senior Economist at Tourism Economics with more than 13 years of experience providing strategic advisory services to clients in the sports, convention, and tourism industries. Greg joined Tourism Economics from PwC’s Sports Advisory Practice where he focused in the areas of economic and fiscal impact assessment, market viability and strategy, business planning and analysis, and facility and other capital project planning. Greg was the lead analyst and co-author of the PwC Sports Outlook and the Firm’s annual forecast of NFL Super Bowl direct spending.

Since joining Tourism Economics, Greg has produced numerous sports related impact studies including the Economic Impact of the Pro Football Hall of Fame, Economic Impact of the Tennessee Titans, Sports Tourism: State of the Industry Report (2019), Economic Impact Analysis of Hosting the 2026 World Cup in Philadelphia, Economic Impact of the Nashville Fairgrounds Speedway, Economic Impact of Youth/Amateur Sports and the Entertainment Industry in Hamilton County (Indiana), Economic Impact of the Rancho Mission Viejo Riding Park, and Economic Impact Analysis for the New York Olympic Regional Development Authority.

Greg holds a BS in Finance and Sports Management from the University of Tampa, as well as an MBA and an MS in Corporate Finance from the University of Tampa. Greg is a guest lecturer and adjunct finance professor at the University of Tampa.
44 Zachary Sears
Senior Economist, Tourism Economics
Zachary has over eight years of experience as a professional economist, with the last five focused on the travel industry.

Zach joined Tourism Economics from Moody’s Analytics where he worked as a regional and industry analyst. As a senior economist for Tourism Economics, he will work on data compilation and provide modeling support.

At Moody’s Analytics, Zach performed regional analysis for U.S. and metropolitan areas and a broad range of industry analysis. His responsibilities included writing regular updates for subscription-based products, conducting econometric modeling, input-output impact modeling, report editing, and consulting services to public and private sector clients.

Prior to his roles at Moody’s Analytics, he worked as a Research Economist for a Vermont-based economics consulting firm, Economic & Policy Resources, Inc. At EPR he served as a consulting economist for the Governor’s Administration and on numerous impact studies covering most industries of the economy.

Zachary holds a BA in Justice from American University in Washington, DC, an MA in International Relations from Saint Mary’s University in San Antonio, TX, and an MS in Community Development and Applied Economics from the University of Vermont.
8 Agreement
46 1. Scope of Work
Economic and Fiscal Impacts of Proposed Vacation Rental Regulations Changes in Big Bear Lake, CA.

2. Pricing & Payment Schedule
Total project fixed fee : $45,500
Invoicing will cover 50% upon contracting and 50% upon satisfactory completion of the project. Payment will for forwarded to Tourism Economics within 10 days of being received from the end-client.

3. Schedule
A draft report will be provided within thirty (30) days of receiving notice to proceed and receiving necessary data inputs from the client.

4. Ownership and distribution rights
The client has full rights to use and distribute the deliverables.

5. Limitation of Liability
Because of the uncertainty of future events and circumstances and because the contents are based on data and information provided by third parties upon which Tourism Economics has relied in good faith in producing the Deliverables, Tourism Economics does not warrant that its forecasts, projections, advice, recommendations or the contents of any report, presentation or other document will be accurate or achievable and Tourism Economics will not be liable for the contents of any of the foregoing or for the reliance by the Customer on any of the foregoing.

Authorized Signature for Client Authorized Signature for Tourism Economics Adam Sacks, President, Tourism Economics
Printed Name and Title Printed Name and Title
April 7, 2022
Date Date
Agreement
47 For more information:
[email protected]
Tourism Economics is an Oxford Economics company with a singular objective: combine an understanding of the travel sector with proven economic tools to answer the most important questions facing our clients. More than 500 companies, associations, and destination work with Tourism Economics every year as a research partner. We bring decades of experience to every engagement to help our clients make better marketing, investment, and policy decisions. Our team of highly-specialized economists deliver:
• Global travel data-sets with the broadest set of country, city, and state coverage available • Travel forecasts that are directly linked to the economic and demographic outlook for origins and destinations • Economic impact analysis that highlights the value of visitors, events, developments, and industry segments • Policy analysis that informs critical funding, taxation, and travel facilitation decisions • Market assessments that define market allocation and investment decisions Tourism Economics operates out of regional headquarters in Philadelphia and Oxford, with offices in Belfast, Buenos Aires, Dubai, Frankfurt, and Ontario.

Oxford Economics is one of the world’s foremost independent global advisory firms, providing reports, forecasts and analytical tools on 200 countries, 100 industrial sectors and over 3,000 cities. Our best-of-class global economic and industry models and analytical tools give us an unparalleled ability to forecast external market trends and assess their economic, social and business impact. Headquartered in Oxford, England, with regional centers in London, New York, and Singapore, Oxford Economics has offices across the globe in Belfast, Chicago, Dubai, Miami, Milan, Paris, Philadelphia, San Francisco, and Washington DC, we employ over 250 full-time staff, including 150 professional economists, industry experts and business editors—one of the largest teams of macroeconomists and thought leadership specialists.

About Tourism Economics and Oxford Economics

MEETING
DATE: May 2, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager

FROM: Sean Sullivan, Director of Public Services

SUBJECT: Franchise Agreement with Big Bear Disposal, Inc. for the Provision of Solid Waste Collection and Disposal Services

BACKGROUND
The City of Big Bear Lake has maintained a contractual relationship with Big Bear Disposal for the provision of solid waste management services since 1991. The initial agreement was amended several times until a 10-year franchise agreement was adopted in 2009. The 2009 franchise agreement expired in 2019 and the agreement is presently in its third one-year extension period, which is set to expire June 30, 2022.

Beginning in 2021, staff undertook a review of the solid waste services, programming, and offerings to develop the framework for a new long term agreement for these services. Staff presented to the City Council in December 2021 and January 2022 a proposed service design that continues both the curbside residential collection program and the provision of Clean Bear Sites for residential solid waste and recycling. The primary updates to the service delivery program include a transition to automated collection for the residential properties, staffing of the Clean Bear Sites to limit their usage by those from outside of the City, and compliance with all State regulations, including SB 1383.

At the conclusion of the discussion on January 11, 2022, the City Council directed staff to undertake two efforts related to the provision of a new solid waste services agreement 1. Develop and issue a Request for Information (RFI) to perspective solid waste haulers and 2. Continue to negotiate directly with Big Bear Disposal.

Request for Information (RFI)
Upon the direction received at the January 11, 2022 City Council meeting, staff developed and circulated a Request for Information (RFI) to perspective solid waste haulers. The RFI provided a brief overview of the community and the current solid waste programs, offered an overview of the proposed solid waste services, and sought feedback associated with the haulers’ interest in providing the services as well as any thoughts or observations on the proposed services. The RFI was distributed on January 28, 2022 and submissions were to be returned by February 10, 2022.

In addition to being posted on the City website, the RFI was distributed directly to eight (8) solid waste haulers. The haulers receiving the RFI were identified through a number of efforts including all companies that have existing franchise agreements within San Bernardino County, haulers that have peripheral operations within San Bernardino County, haulers who operate in similar resort communities within Southern California, and other recognizable names within the solid waste industry. The solicited haulers include Advance Disposal, Athens Services, Big Bear Disposal, Burrtec Waste Industries, CR&R, Palm Springs Disposal, Republic Services, and Waste Management. The RFI was sent directly to the primary or parent companies rather than the multiple subsidiaries that provide services throughout the County.

In response to this effort, staff received the following feedback:
• Athens Services indicated that they would not respond to the RFI as presented but would be interested should we proceed with an RFP. (Brian Johsz, VP Government Affairs) • Big Bear Disposal is interested in continuing to serve the City of Big Bear Lake. • Burrtec Waste Industries indicated that they would be unable to fulfill our services due to our remote location and lack of proximity to other operating divisions. (Mike Aragon, VP) • CR&R indicated that they would not respond to the RFI but they would like to remain appraised as the City continues through this process. (Alex Braicovich, Sr. VP) Staff received no other inquiries or responses associated with the RFI that was distributed

DISCUSSION
Since early 2021, staff has worked closely with Big Bear Disposal to review and analyze the provision of solid waste service, ensuring that the City’s programs are aligned with general best practices, the needs of the community, and the regulatory framework for solid waste management.

Staff has coordinated additional feedback from the City Council appointed Solid Waste Working Group and other community stakeholders.

At the City Council Meetings on December 6, 2021 and January 11, 2022, staff presented an overview of a proposed framework for solid waste service delivery for the City Council’s review and consideration. With some discussion and feedback, the City Council concurred with the proposed scope of work for solid waste services, which is summarized below.

Scope of Work
As presented at the City Council meetings of December 6, 2021 and January 11, 2022, staff coordinated the development of a revised scope of work for solid waste services within the City.

This effort included the engagement, discussion, and coordination with a City Council-appointed Solid Waste Working Group, representatives from Big Bear Disposal, technical consultants, representatives from the vacation rental industry, and other community stakeholders. The determined scope of work is based heavily upon the current service delivery for residential solid waste collection, with improvements and changes made to meet the community needs and regulatory framework.

Residential Collection
Residential collection will continue to be offered through a combination of one or both of the options of curbside collection and/or the Clean Bear Sites.

Residential curbside collection will continue to be offered to all residential properties within the City once per week. Curbside collection will be transitioned to an automated system utilizing automated collection trucks and carts, which will be provided to all properties by the hauler. As a provision of SB 1383, organic material (also known as yard waste or vegetative debris) will now need to be collected separately from regular solid waste. The hauler will collect bagged pine needles, consistent with historic practice, and will also provide carts upon request for smaller vegetative debris. Although a key tenant of SB 1383 is the separation of organic waste, especially food waste, from the traditional waste stream, the City is exempt from the separated food collection procedures due to our high elevation. Food waste will continue to be collected with general trash.

Vacation rental units will be eligible for, and encouraged to, utilize the curbside collection program for their solid waste. The hauler is able to provide additional carts and is developing a pull out service to meet the needs of any customers, including vacation rental or other residential units.

These enhanced services would be at an additional fee based upon the desired need and these fees would be paid directly to Big Bear Disposal by the user.

Clean Bear Sites will continue to be a primary method of residential solid waste collection and the hauler will continue to operate two (2) sites at the existing locations. The primary changes to the operation of the Clean Bear Sites is that under the proposed agreement, the site will have established operating hours and will be staffed during those hours. This effort is intended to reserve their use only for eligible City of Big Bear Lake property owners and visitors. Effective July 1, 2022, waste that is generated from outside of the City limits will no longer be eligible for disposal at the Clean Bear Sites. Staff from the City and Big Bear Disposal are finalizing the details on the validation mechanism and those will be made available to all customers in the near future.

Commercial Service
Commercial service will continue to include commercial businesses, any institutional / governmental customers, and multi-family residential properties of four (4) or more units. These properties are not assessed for solid waste services on their property tax bills and, instead, contract directly with the hauler for these services. The City of Big Bear Lake will qualify for relief from some of the food waste recovery elements of SB 1383 meaning that the typical commercial service will not see a significant change in collection activity. The hauler is still required to haul commercially generated organics (i.e. green waste material) separately from the regular solid waste but food waste is exempt from this collection. In addition to the efforts associated with compliance for SB 1383, the hauler will continue efforts associated with the promotion of other regulatory programs, such as mandatory commercial recycling (AB 341) amongst others.

SB 1383
SB 1383, Short Lived Climate Pollutants (SLCP): Organic Waste Reductions, is, at its basic level, focused on the reduction of organic materials from the landfills. The legislation requires many actions including updating solid waste and recycling collection programs to provide sourceseparated organic waste collection, develop procurement programs associated with organic materials, develop food recovery programs, collaborate regionally on capacity planning programs for waste and increase diversion organic materials, and update local ordinances to enable local enforcement of these regulations. While this legislation has a wide reach into a number of activities, it has significant impacts on the management of solid waste collection and disposal.

Essentially, the focus on source separating organic materials means there will be additional handling of solid waste to ensure compliance with these provisions.

A key tenant of the provisions is the separation of food waste from the normal solid waste stream and handling it as organic material. The City of Big Bear Lake has obtained a waiver from the State exempting the City and its residents and businesses from the requirement to separate food materials. Even with this exemption, SB 1383 now requires that green / yard waste be collected separately from typical solid waste, meaning that the residential collection will now require a third route. Additionally, this material may no longer be disposed of at the landfills, meaning it is transferred to and processed at certified organics processing sites. These represent a couple of key examples of the impacts of these regulations on the solid waste industry which will generally lead to higher service costs associated with regulatory compliance.

Staff will work closely with the hauler to ensure all regulatory compliance and reporting is achieved. Additionally, the City has a number of other programs related to SB 1383, outside of solid waste collection, that they will continue with the implementation of in the coming months.

Rate Review and Marketplace Analysis
Concurrent with the preparation and distribution of the RFI, staff also began surveying and analyzing the solid waste rates across the region to understand the potential rate impacts that a new contract may create. This information is critical as staff has approached negotiations with the incumbent hauler as it serves to establish a costs basis for these services within the marketplace.

As a part of these efforts, staff has reviewed a history of the current Big Bear Disposal rate for service and has also analyzed prevailing service rates across San Bernardino County and beyond.

Big Bear Disposal Rate
For Fiscal Year 2021-22, the monthly residential rate due to Big Bear Disposal is $22.94. For purposes of collection, the rate is assessed as a pass through to the annual property tax bill for residential properties within the City of Big Bear Lake. On the property tax roll, the rate is reflected as BB Disposal Refuse Fee $275.38. Pursuant to the contract that was last considered in 2009, the rate has been subject to an annual adjustment based upon the Consumer Price Index (CPI).

When the 10-year franchise agreement was approved in 2009, the standard residential rate effective on July 1, 2009 was $17.96 per month. Since the time that these rates went into effect, the annual rate adjustments have ranged from 0.50% to 3.80% and the history is reflected as:

Fiscal Year Monthly Rate
2009-10 $17.96
2010-11 $18.32
2011-12 $18.84
2012-13 $19.22
2013-14 $19.47
2014-15 $19.67
2015-16 $19.77
2016-17 $20.11
2017-18 $20.65
2018-19 $21.44
2019-20 $22.01
2020-21 $22.43
2021-22 $22.94
Staff has collected current rates from a number of other agencies throughout San Bernardino County to develop an analysis of the prevailing market rates. One notable element is that the rates may look imbalanced based upon the implementation of SB 1383 as that is likely to create additional rate impacts for all solid waste markets and customers. At present, there is a divide between rates that are reflective of SB 1383 impacts and those that are not, with most of the rates being in the latter and likely subject to adjustment at a later time. Staff’s findings have identified the current average rates within incorporated Cities across both Los Angeles and San Bernardino Counties as outlined below:

County Average Monthly Rate (Residential)
Los Angeles $31.98
San Bernardino $28.59
City of Big Bear Lake $22.94
As outlined above, the City of Big Bear Lake’s current rate is approximately 24% below the average rate within San Bernardino County incorporated cities. Rates associated certain geographically comparable areas to the City of Big Bear Lake included those outlined below. It is worth noting that all of these identified areas are within either Special Districts of the County’s Franchise Areas.

Area Monthly Rate Hauler
Big Bear City CSD $31.60* Big Bear City CSD
Big Bear – Unincorporated $31.45* Big Bear Disposal
Crestline/Running Springs/Lake Arrowhead $25.62 Burrtec Angelus Oaks $33.20 Burrtec
Mentone / Oakglen $33.28 Burrtec
Forest Falls / Mountain Home Village $41.79 Burrtec
Average $32.89
The rates outlined above for Big Bear City CSD and Big Bear Unincorporated (indicated with a *) include a blended rate of the hauler fees as well as an assessment, collected through the property taxes, for the County of San Bernardino. The fee of $7.09 per month allows these residents access to the County’s transfer station and other landfill facilities. Residents within the City of Big Bear Lake are not assessed these fess, which is why the City’s residents do not receive the County dump cards. The Clean Bear Sites provide a services that is similar to that of the transfer station or landfill sites which is why it is appropriate to consider these fees in an analysis of the rates.

To summarize the above rates and averages, the solid waste rates that staff identified withing San Bernardino County range from the present rate in the City of Big Bear Lake at $22.94 to $41.79 per month. Many agencies are still working toward SB 1383 implementation plans, including all of the local areas outlined above, meaning many of the reviewed rates are still subject to adjustment within the next 12-18 months. San Bernardino County, for example, is working to update the rates for all of the County Franchise Areas to be inclusive of SB 1383 by July 1, 2023.

Included as an attachment to this report is a detailed rate survey that staff has compiled based upon generally available sources. The information is helpful in analyzing the current marketplace relative to solid waste services.

Big Bear Disposal Proposal
Big Bear Disposal is proposing to continue providing service to the City of Big Bear Lake. The proposal encompasses all of the above described enhancements to the scope of work, including a transition to automated service, the provision of new vehicles and carts, and the provision of staffing to the Clean Bear Sites, amongst several other changes. Additionally, Big Bear Disposal and their team will work to maintain the City’s compliance efforts with all existing regulations relative to solid waste collection and disposal, including SB 1383. The proposal is inclusive of all costs associated with the above described services, programs, and efforts and is proposed for a 12- year term.

Big Bear Disposal has proposed the following residential service rates to be effective on July 1, 2022.

Service Year Monthly Rate Annual Rate % of Prior Year
Current $22.94 $275.28 -
July 1, 2022 $27.50 $330.00 +20.0%
July 1, 2023 $32.10 $385.70 +16.7%
July 1, 2024 $36.43 $437.16 +13.5%

The proposed rates will subsequently adjust in both 2023 and 2024 based upon the schedule below.

Adjustments beginning July 1, 2025 and continuing through the term of the agreement would be based upon the consumer price index (CPI), with an annual cap of 5%. These residential rates are collected by the City on the property tax roll and are remitted to Big Bear Disposal by way of monthly billing, as has been the historic practice.

The commercial rates are billable by Big Bear Disposal directly to the commercial customers.

Under the proposed agreement, the commercial rates will be adjusted pursuant to the below schedule beginning on July 1, 2022. The typical rate for the purposes of analyzing commercial service is a three-yard bin, serviced once per week (1x3x1).

Service Year Monthly Rate % of Prior Year
Current $138.63
July 1, 2022 $166.36 +20.0%
July 1, 2023 $194.14 +16.7%
July 1, 2024 $220.35 +13.5%
A county-wide rate survey was last completed in San Bernardino County in October 2019 and at that time, the average commercial rate for the above described service level, was $156.33 per month for incorporated cities. Current figures for some comparable communities, as of July 1, 2021, include the following. As noted with the residential service rates, these current rates do not include any pertinent adjustments associated with SB 1383.

Area Monthly Rate Hauler
Big Bear City CSD $186.09 Big Bear City CSD
Big Bear – Unincorporated $151.11 Big Bear Disposal
Crestline/Running Springs/Lake Arrowhead $194.55 Burrtec Angelus Oaks $360.68 Burrtec
Mentone / Oakglen $173.39 Burrtec
Forest Falls / Mountain Home Village $360.68 Burrtec
Based upon the rate survey, with the understanding that many of the rates are still subject to an adjustment to accommodate for the impacts of SB 1383, the proposed rates of Big Bear Disposal are still within the range and average of the current rate marketplace. The current residential rate is approximately 24% below the current average rate within San Bernardino County, meaning that much of the proposed rate increase will return the pricing to within the market range. Paired with the enhanced service that has been proposed by Big Bear Disposal and the cost impacts of regulatory compliance, staff believes that these prices are appropriate for the desired services in this time and place.

FISCAL IMPACT
Based upon the proposed rates, the annual pass through to Big Bear Disposal will be approximately $2,845,000 beginning in Fiscal Year 2022-23. This is an increase of approximately 20%, consistent with the proposed rate increase, over the previous year’s pass through. The City issues the pass through payments to Big Bear Disposal on a monthly basis; there is no direct payment to the hauler by property owners for residential service.

In order to collect the funds necessary for the pass through, the City will need to adjust the solid waste rate, which is collected on the property tax roll. This rate adjustment will be subject to a Proposition 218 proceeding and the proposed resolution will authorize staff to initiate these proceedings. Based upon the notification requirements and a forty-five (45) day timeline for the required noticing, staff is proposing that the required Public Hearing be held on July 18, 2022.

ENVIRONMENTAL CONSIDERATIONS
There is no environmental review associated with discussion of solid waste programs pursuant to the California Environmental Quality Act.

RECOMMENDATION
Staff is recommending that the City Council adopt a Resolution authorizing a 12-year Exclusive Franchise Agreement for Solid Waste Collection and Disposal Services with Big Bear Disposal pursuant to the proposed service rates included herein. Furthermore, the City Manager and City Attorney are authorized to negotiate and execute a final agreement consistent with the terms described herein. Additionally, the Resolution authorizes staff to initiate the Proposition 218 proceedings and proceed with all noticing for a Public Hearing to consider the proposed service rates on July 18, 2022.

ATTACHMENTS

1. Resolution 2022-XX

2. Letter from Big Bear Disposal

3. Rate Survey

4. Request for Information (RFI)
ATTACHMENT 1

RESOLUTION NO. 2022-XX

RESOLUTION AWARDING A FRANCHISE AGREEMENT TO
BIG BEAR DISPOSAL, INC. FOR THE PROVISION OF

SOLID WASTE COLELCTION AND DISPOSAL SERVICES

AND AUTHROIZING THE NOTICE A PUBLIC HEARING TO

CONSIDER UPDATED SOLID WASTE SERVICE RATES
WHEREAS, the City of Big Bear Lake is responsible for the collection, removal, and disposal of solid waste for the protection of public heath safety, and welfare and to contribute toward the diminution of health hazards and pollution in the City; and, WHEREAS, the City has historically provided for these services through contract agreements; and,
WHEREAS, Big Bear Disposal, Inc., has provided for these services within the City since 1991, with the most recent Franchise Agreement having been established for the period of July 1, 2009 through June 30, 2019, which has been subsequently amended on an annual basis and now expires on June 30, 2022;
WHEREAS, City staff has worked in recent years to review the current service delivery programs and make some changes to the scope of work to meet the community need and compliance with regulatory obligations associated with solid waste management; and, WHEREAS, Big Bear Disposal has proposed to continue the provision of these services, inclusive of the update scope of services, to the City of Big Bear Lake for a period of twelve (12) years through the period ending June 30, 2034; and,
WHEREAS, staff has conducted a detailed rate analysis of the prevailing rates for solid waste services throughout the region and has found the pricing provided by Big Bear Disposal to be consistent with the prevailing market rates within comparable areas; and, WHEREAS, Big Bear Disposal proposes to provide residential and commercial solid waste services according to the scope of work developed by staff and concurred by the City Council, in accordance with best practices and all relevant regulations; and, WHEREAS, Big Bear Disposal has provided amended solid waste service rates as a part of this proposal; and,
WHEREAS, in order to collect the rates for residential service, as proposed by Big Bear Disposal, the City of Big Bear Lake will need to adjust the solid waste service pass through rate that is collected on the property tax roll and this adjustment will be subject to proceedings as determined by Proposition 218.

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

1. The City Manager, or his designee, is hereby authorized to negotiate the final form of the proposed franchise agreement within the confines of the scope of work reviewed and concurred by the City Council.

2. The Franchise Agreement shall be subject to the rate schedule as presented to the City Council and shall not exceed a term of twelve (12) years, for an effective period of July 1, 2022 through June 30, 2034.

3. The City Manger is authorized to execute the final form of the agreement only after the City Manager has reviewed the agreement and approved it as to its form.

4. Staff is authorized to initiate the public notification process, required by Proposition 218, for a Public Hearing to be held on July 18, 2022, at which time a majority protest vote will occur to determine the consideration of the proposed rates for solid waste services.

PASSED, APPROVED AND ADOPTED this 2nd day of May, 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 2nd day of May, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ATTACHMENT 2
Big Bear Disposal, Inc.
(909-866-3942 (909) 866-7475
P.O Box 2837 41974 Garstin Drive Big Bear Lake, California 92315 Erica Stephenson
City Clerk
City of Big Bear Lake
39707 Big Bear Boulevard
Big Bear Lake, CA 92315
April 28, 2022
Subject: Franchise Agreement between Big Bear Disposal, Inc., and the City of Big Bear Lake for the Provision of Solid Waste management Services
Honorable Mayor and Council Members:

I am writing to express my sincere appreciation to the City of Big Bear Lake for the opportunity to serve this wonderful community. Like many businesses, ours has confronted significant operational challenges stemming from the pandemic.

We have also witnessed the impact the pandemic has had on our employees, customers, and their lives and businesses.

We have worked hard during this time to meet these challenges. We are pleased to have been able to sustain first-rate service to the residents and businesses of Big Bear Lake with a minimum of disruption. Customer satisfaction with our service remains high. Our work, however, is not done.

Looking forward, we foresee additional challenges in implementing the requirements of recent changes in State law, particularly SB 1383. Every city and county in the state is responding to the same thing. We are also mindful of the impact of recent world events on fuel prices, on recycling markets, and on a host of other aspects of the waste collection and recycling industry that may not be as readily apparent. Compliance with these new conditions and laws is costly and requires significant new investment in equipment and facility upgrades. Every effort has been made to ensure that we are able to deliver the quality service you have come to expect at a rate that compares favorably to other area communities.

The specific rates we have proposed to staff for the next 3 years do just that and are made possible under the 12-year contract term we have also proposed for this Agreement.

Our team of managers, employees and consultants has the talent, and the experience, to enable us to address these challenges head on. We are as committed as ever to serving the needs of Big Bear Lake. Our valued customers deserve nothing less. We look forward to completing our current negotiations with City staff and beginning this new agreement and the array of service enhancements it offers.

As always, we will do everything possible to earn the support you have shown to us.

Respectfully,
Gino Scopesi
President
Big Bear Disposal, Inc.
cc: Rick Herrick, Mayor
Bynette Mote, Mayor Pro Tem
Randall Putz, Councilmember
Alan Lee, Councilmember
Perri Melnick, Councilmember
Jeff Mathieu, Interim City Manager
Sean Sullivan, Director of Public Services
Kelly Astor, BBD Inc. Attorney
Rebecca Hinton, BBD Inc. Office Manager
file
ATTACHMENT 3
Public Services Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com Solid Waste Rate Surveys
In support of the research and review of the prevailing Solid Waste Rates within Southern California, staff undertook an extensive review of those rates in both Los Angeles and San Bernardino County. This effort included extensive internet searching, review of local agency websites, and review of City Council agendas and reports to ensure the most accurate information available. Additionally, staff has reviewed and utilized in this effort the following items:
• Survey of Solid Waste Rates and Services as of October 2019 San Bernardino County
Prepared by HF&H Consultants, Inc.

Dated December 11,2019
*This survey was the basis for the commercial rates as presented. • Los Angeles County: Survey of Solid Waste Rates and Services as of July 1, 2021 Ordered by Los Angeles County Public Works
Prepared by HF&H Consultants, Inc.

Dated March 11, 2022
*This survey is the basis of the rates presented across Los Angeles County • San Bernardino County Franchise Areas – Current Rate Schedule Provided by San Bernardino County Solid Waste Management Division The remaining rates, as presented, were verified by generally available information as indicated above. Given the implementation of SB 1383 and the forthcoming end of the Fiscal Year, the rates presented are subject to change at any time. The information presented represents staff’s best effort to document the current solid waste rate landscape
The enclosed rate surveys include:
• San Bernardino County – Monthly Residential Rates, effective Fiscal Year 2021/22 • San Bernardino County – Monthly Commercial Rates, effective July 1, 2019 • Los Angeles County – Monthly Residential Rates, effective Fiscal Year 2021/22 • Los Angeles County – Monthly Commercial Rates, effective Fiscal Year 2021/22

Incorporated City Monthly Rate Hauler
Adelanto 31.61 $                                Burrtec Waste Industries Apple Valley 29.52 $                                Burrtec Waste Industries Barstow 24.27 $                                Burrtec Waste Industries Big Bear Lake 22.92 $                                Big Bear Disposal Chino 25.02 $                                Waste Management Chino Hills 25.02 $                                Republic Services Colton 26.86 $                                CR&R
Fontana 32.80 $                                Burrtec Waste Industries Grand Terrace 30.62 $                                Burrtec Waste Industries Hesperia 31.13 $                                Advance Disposal Highland 29.64 $                                Burrtec Waste Industries Loma Linda 24.16 $                                CR&R
Montclair 31.84 $                                Burrtec Waste Industries Needles 25.61 $                                Republic Services Ontario 31.72 $                                Municipal Rancho Cucamonga 29.01 $                                Burrtec Waste Industries Redlands 40.77 $                                Municipal Rialto 30.84 $                                Burrtec Waste Industries San Bernardino 26.42 $                                Burrtec Waste Industries Twnetynine Palms 22.05 $                                Burrtec Waste Industries Upland 32.72 $                                Burrtec Waste Industries Victorville 29.80 $                                Burrtec Waste Industries Yucaipa 30.79 $                                Burrtec Waste Industries Yucca Valley 21.13 $                                Burrtec Waste Industries Average 28.59 $
County Franchise Areas / Special Districts Monthly Rate Hauler Big Bear City CSD 31.60 $                                Big Bear City CSD SBCo ‐ Angelus Oaks 33.20 $                                Burrtec Waste Industries SBCo ‐ Big Bear Unincorporated 31.45 $                                Big Bear Disposal SBCo ‐ Forest Falls / Mtn Home Village 41.79 $                                Burrtec Waste Industries SBCo ‐ Mentone/Oakglen 33.28 $                                Burrtec Waste Industries SBCo ‐ Redlands (Unincorporated) 33.28 $                                Burrtec Waste Industries SBCo ‐Crstline/Ruinning Springs/Arrowhead 25.62 $                                Burrtec Waste Industries Hauler Average Rate
Advance Disposal 31.13 $
Big Bear City CSD 31.60 $
Big Bear Disposal 27.19 $
Burrtec Waste Industries 30.01 $
CR&R 25.51 $
Municipal Service 36.25 $
Republic Services 25.31 $
Waste Management 25.02 $
San Bernardino County
Monthly Residential Solid Waste Rate
Effective Fiscal Year 2021/22
Jurisdiction Monthly Rate
Adelanto 148.38 $
Apple Valley 129.17 $
Barstow 149.90 $
Big Bear Lake 133.12 $
Chino 134.09 $
Chino Hills 105.31 $
Colton 143.40 $
Fontana 192.65 $
Grand Terrace 142.74 $
Hesperia 183.59 $
Highland 210.34 $
Loma Linda 113.60 $
Montclair 213.45 $
Needles 148.51 $
Ontario 126.00 $
Rancho Cucamonga 162.35 $
Redlands 210.32 $
Rialto 242.91 $
San Bernardino 148.82 $
Twnetynine Palms 103.95 $
Upland 149.61 $
Victoville 122.15 $
Yucaipa 213.76 $
Yucca Valley 123.73 $
Average 156.33 $
County Franchise Areas / Special Districts Monthly Rate Big Bear City CSD 186.09 $
SBCo ‐ Angelus Oaks 360.68 $
SBCo ‐ Big Bear Unincorporated 151.11 $
SBCo ‐ Forest Falls / Mtn Home Village 360.38 $
SBCo ‐ Mentone/Oakglen 173.39 $
SBCo ‐Crstline/Ruinning Springs/Arrowhead 194.55 $
Average 237.70 $
San Bernardino County
Monthly Commercial Solid Waste Rates
Survey Effective July 1, 2019
One (1) 3‐yard Bin, Serviced Once per Week
Jurisdiction Monthly Rate Hauler
Agoura Hills 35.33 $                                Waste Management Alhambra 22.78 $                                Republic Services Arcadia 29.99 $                                Waste Management Avalon 48.02 $                                CR&R
Azusa 33.14 $                                Athens Services Baldwin Park 32.00 $                                Waste Management Bell 15.42 $                                Republic Services Bell Gardens 31.01 $                                Athens Services Bellflower 26.12 $                                CR&R
Bradbury 23.66 $                                EDCO/Burrtec Burbank 52.92 $                                Municipal Calabasas 35.34 $                                Waste Management Cerritos 20.42 $                                CalMet
Claremont 40.05 $                                Municipal Commerce 29.69 $                                CalMet
Compton 25.94 $                                Republic Services Covina 37.31 $                                Athens Services Cudahy 22.27 $                                Republic Services Culver City 44.21 $                                Municipal Diamond Bar 36.55 $                                Waste Management Downey 24.07 $                                CalMet
Duarte 27.43 $                                EDCO/Burrtec El Monte 31.49 $                                Valley Vista Gardena 23.51 $                                Waste Resources Glendale 18.34 $                                Municipal Glendora 39.93 $                                Athens Services Hawaiian Gardens 20.95 $                                Waste Resources Hawthorne 27.71 $                                Republic Services Hermosa Beach 22.87 $                                Athens Services Hidden Hills 90.07 $                                Waste Management Huntington Park 16.33 $                                CR&R Inglewood 17.46 $                                Republic Services Irwindale 34.10 $                                Athens Services La Mirada 23.89 $                                EDCO/Burrtec La Puente 31.61 $                                Valley Vista La Verne 27.36 $                                Waste Management Lakewood 23.19 $                                EDCO/Burrtec Lancaster 32.30 $                                Waste Management Lawndale 29.97 $                                Republic Services Lomita 27.57 $                                CalMet
Long Beach 28.99 $                                Multiple Haulers Loa Angeles County
Monthly Residential Solid Waste Rate
Effective Fiscal Year 2021/22
Los Angeles 36.32 $                                Municipal Lynwood 22.87 $                                Waste Resources Malibu 51.00 $                                Nonexclusive Manhattan Beach 23.14 $                                Waste Management Maywood 20.89 $                                Universal Waste Services Monrovia 34.91 $                                Athens Services Montebello 27.09 $                                Athens Services Monterey Park 20.84 $                                Athens Services Norwalk 18.90 $                                Athens Services Palmdale 26.68 $                                Waste Management Palos Verdes Estates 43.31 $                                Athens Services Paramount 20.22 $                                CalMet Pasadena 40.99 $                                Municipal Pico Rivera 23.17 $                                NASA Services Pomona 31.29 $                                Municipal Rancho Palos Verdes 33.87 $                                EDCO/Burrtec Redondo Beach 22.72 $                                Athens Services Rolling Hills 111.00 $                              Republic Services Rolling Hills Estates 49.37 $                                Waste Management Rosemead 21.25 $                                Republic Services San Dimas 36.23 $                                Waste Management San Fernando 18.46 $                                Republic Services San Gabriel 41.31 $                                Athens Services San Marino 47.58 $                                Athens Services Santa Clarita 25.06 $                                Waste Management Santa Fe Springs 23.35 $                                Multiple Haulers Santa Monica 53.90 $                                Municipal Sierra Madre 40.74 $                                Athens Services Signal Hill 23.15 $                                EDCO/Burrtec South Gate 19.60 $                                Waste Management South Pasadena 48.98 $                                Athens Services Temple City 42.44 $                                Athens Services Torrance 35.31 $                                Municipal Vernon 19.80 $                                Nonexclusive Walnut 24.55 $                                Valley Vista West Hollywood 17.85 $                                Athens Services Westlake Village 41.56 $                                Waste Management Whittier 25.16 $                                Multiple Haulers Average Residential Rate 31.98 $
Jurisdiction Monthly Rate
Alhambra 187.83 $
Azusa 135.47 $
Baldwin Park 213.87 $
Bell 167.69 $
Bellflower 205.51 $
Beverly Hills 115.8 $                              0
Burbannk 304.09 $
Calabasas 96.6 $                                4
Cerritos 133.68 $
Claremont 162.0 $                              0
Compton 196.96 $
Covina 215.92 $
Cudahy 233.65 $
Culver City 204.55 $
Diampond Bar 149.47 $
Downey 159.28 $
Duarte 199.2 $                              4
El Monte 203.02 $
Gardena 177.53 $
Glendale 109.26 $
Glendora 235.2 $                              4
Hawaiian Gardens 211.88 $
Hawthorne 161.6 $                              0
Hermosa Beach 161.67 $
Hidden Hills 173.25 $
Huntington Park 187.8 $                              0
Industry 229.15 $
Inglewood 189.72 $
Irwindale 273.67 $
La Mirada 203.02 $
La Puente 158.26 $
La Verne 162.18 $
Lakewood 136.28 $
Lancaster 173.92 $
Lawndale 211.7 $                              0
Lomita 153.97 $
Long Beach 142.09 $
Los Angeles 261.27 $
Lynwood 201.33 $
Manhattan Beach 188.5 $                              4
Maywood 170.0 $                              0
Monrovia 203.62 $
Norwalk 197.65 $
Palmdale 146.9 $                              0
Paramount 155.1 $                              4
Pico Rivera 158.79 $
Redondo Beach 168.55 $
Rolling Hills Estates 155.45 $
Rosemead 178.43 $
San Dimas 188.67 $
San Fernando 116.81 $
San Gabriel 262.7 $                              0
San Marino 132.4 $                              4
Santa Clarita 131.41 $
Santa Monica 106.41 $
Sierra Madre 183.4 $                              4
Signal Hill 168.41 $
South El Monte 294.0 $                              0
South Gate 162.05 $
South Pasadena 173.59 $
Temple City 268.27 $
Walnut $                             150.85
West Hollywood 176.51 $
Whittier 180.86 $
Average 181.55 $
Los Angeles County
Monthly Commercial Solid Waste Rates
One (1) 3‐yard Bin, Serviced Once per Week
Effective Fiscal Year 2021/22
ATTACHMENT 4

CITY OF BIG BEAR LAKE, CALIFORNIA

REQUEST FOR INFORMATION
FOR

SOLID WASTE MANAGEMENT, COLLECTION AND DISPOSAL SERVICES to include collection, transfer, and disposal of residential and commercial solid waste, recycling, and organics within the City of Big Bear Lake
Date Issued: January 28, 2022
Responses Due: February 10, 2022; 5:00 p.m.

Request for Information Purpose and Goals
The issuance of this Request for Information (RFI) by the City of Big Bear Lake is intended to obtain responses from organizations that would be interested in proposing on and providing solid waste management services within the City of Big Bear Lake, California. Solid waste services within the City of Big Bear Lake are currently provided under an existing franchise agreement and the current extension period is due to expire on June 30, 2022. The City and the existing waste hauler are engaged in negotiations to establish either a new long-term franchise agreement or an extension period to conduct a request for proposals process in the coming months.

The responses gained from this RFI will serve the City to determine the viability of conducting a competitive request for proposal process and provide information that could be beneficial in developing the request for proposals. This is an RFI only and there is to be no award of services to be made from this request. All information transmitted will become property of the City of Big Bear Lake, may be utilized in any future efforts of the City, and is subject to the California Public Records Act (CPRA) to the extent authorized by the law.

Request for Information Process
The RFI is seeking background information from interested firms, including their experience, particularly any experience in rural communities similar to Big Bear Lake, and a general description of available resources to provide the desired services. Additionally, the RFI will allow respondents to provide thoughts, observations, or alternative considerations for the processes and programs that the City is proposing.

The submission of an RFI is nonbinding and submittals will not be deemed as complete or responsive for any purposes. This will not serve as a qualifier for any future proposal requests.

There will not be a pre-submittal meeting or conference of any kind. Respondents may review the information included within this packet or any other publicly available information through the City’s website. A summary of available information is included within.

For the purposes of transparency, all submissions will be made publicly available as required by the California Public Records Act (CPRA).

The City’s sole point of contract during this process will be Sean Sullivan, Director of Public Services. Please submit any inquiries or questions directly to Sean Sullivan at [email protected].

All responses are to be submitted digitally by 5:00 p.m. on Thursday, February 10. Responses should be limited to a single PDF not exceeding 15 pages and emailed to [email protected]. Links to file sharing sites (i.e. Dropbox) will be accepted to accommodate larger size files as necessary.

Community Background
The City of Big Bear Lake is “Southern California’s only Four-Season Resort Community” and is located at an elevation of 6,752’ surrounding Big Bear Lake. The City is located within the San Bernardino National Forest and is approximately two-hours from the major metropolitan cities of Los Angeles and San Diego. Visitors to the area drive the tourism-based economy and can enjoy the beautiful alpine lake, mountain ski resorts, and year-round outdoor recreational opportunities.

The City’s full-time population is approximately 5,500 residents but the community can host from 20,000 – 100,00 weekend and holiday visitors depending on the season and events.

The City of Big Bear Lake represents approximately 6.42 square miles and maintains approximately 10,000 residential housing units. About 25% of the housing stock is occupied fulltime, 25% are licensed vacation rentals, and 50% are second or weekend homes.

The 6.42 square miles of the City of Big Bear Lake are a part of the overall Big Bear Valley that represents more than 30 square miles and an additional full-time population of more than 12,500.

While the City operations are limited to the City Limits, the sphere of influence often extends throughout the Valley.

General Service Background
At present, all solid waste management within the City of Big Bear Lake is managed through a franchise agreement with Big Bear Disposal. Since 1991, Big Bear Disposal has maintained all collection and disposal of solid waste within the City of Big Bear Lake for all customers, both residential and commercial. The general service offering includes:

Residential service is provided through two options:
• Weekly Curbside Collection
• Bulk Collection using two drop off sites
Curbside collection is available to all single-family residential households within the City, which totals about 8,500. These residential units are assessed a refuse fee on the property tax roll meaning that all properties pay for and are eligible for service and all residential billing is done to the City rather than the individual properties. The waste hauler bills the City monthly and the billing is a factor of the established monthly rate and the total eligible housing units; billing considerations are not made based upon occupancy or participation in services. It is believed that approximately 1,800 – 2,200 households routinely utilize curbside collection. At present, there is no sign up for service meaning that any residential unit can place their containers out on the designated collection day and receive service.

Curbside collection includes up to two (2) 32-gallon containers (provided by the property owner), up to two (2) 32-gallon recycling containers (provided by the hauler), and vegetative (green) waste collection. Green waste is accepted through property owner provided bins, stacked bundles, and bags of pine needles. Curbside collection routes service one time per week.

The City currently provides for two bulk collection sites known as Clean Bear Sites. These locations provide the ability for full-time residents, part-time residents, or visitors from vacation rentals to dispose of residential solid waste without managing the logistics of curbside collection.

The sites are located at 41970 Garstin Road (owned by Big Bear Disposal) and 39690 Big Bear Boulevard (owned by City of Big Bear Lake). The sites are heavily utilized by the community, both within the City of Big Bear Lake and beyond, and recent evidence indicates that 25%, or more, of all usage originates outside the City limits.

Based upon the annual reports provided by the current hauler, below is a five-year overview of the residential tonnage collection:
2017 2018 2019 2020 2021*
Curbside Trash 1,171.43 1,326.48 1,509.16 1,488.75 937.1 Curbside Recycling 119.81 101.83 117.04 73.67 152.2
Total Curbside 1,291.24 1,428.31 1,626.20 1,562.42 1,089.30 Clean Bear Trash 6,168.55 5,321.39 5,348.43 6,535.66 6,536.96 Clean Bear Recycling 372.08 310.75 317.64 361.04 222.52 Total Clean Bear 6,540.63 5,632.14 5,666.07 6,896.70 6,759.48 Total Residential
Tonnage
7,831.87 7,060.45 7,292.27 8,459.12 7,848.78*
*2021 is for period January 1, 2021 – November 30, 2021 (11-months) Current residential solid waste hauler fees, for Fiscal Year 2021-22, are as follows:

Monthly Fee Billing Units
Residential Service $ 22.92 8,459
Vacant Parcels $ 1.27 1,420
Commercial collection is provided through direct contract between the commercial customer and the hauler. Commercial service is generally provided through bin service and it allows for flexibility to meet the needs of the customer through varying sized containers and frequency of collection.

At present, there are 312 commercial service accounts that include commercial businesses, multifamily housing complexes of four or more units (condos, mobile home parks, etc.), and other governmental or institutional customers. These commercial accounts comprise the remaining 1,500 housing units that are not eligible for curbside collection.

Commercial services also include temporary bin rental for construction, demolition, other requested services, and special events. Construction and demolition disposal is also arranged through commercial services, as needed.

The chart below provides the total collected tonnage for commercial service over the past five years inclusive of recycling.
2017 2018 2019 2020 2021*
Total Commercial
Tonnage
7,719.84 8,239.94 7,948.81 7,843.12 7,778.54*
*2021 is for period January 1, 2021 – November 30, 2021 (11-months) Proposed Service Delivery Design for New Agreement
Over the past year or more, staff from the City and Big Bear Disposal has been engaged in discussion related to the service offerings and potential programmatic enhancements to better serve the community and ensure adherence to best practices and regulations, especially SB 1383. This effort has included frequent meetings and discussion as well as two (2) presentations and discussions with the City Council.

To further identify and discuss community need, the Mayor appointed a Solid Waste Working Group comprised of three (3) full-time residents and two (2) representatives of the vacation rental industry. This group met on two occasions to have structured discussions pertaining to proposed changes and enhancements to the solid waste programs offered by the City and perceived impacts related to their respective interests. Staff has engaged with other stakeholders including residents and visitors, business owners, and other representatives of the hospitality and vacation rental industries to gather feedback and input on these issues.

The following scope of services represents the staff’s best effort to capture the needs and desires of the community to develop a program that meets their varying needs. Program and service design is able to be modified based upon different ideas or feedback received, especially from entities with tangible, professional experience in this field. The intent of this RFI is to gain additional insight for that may aid in determining the final service design.

The proposed scope of work will continue to serve all residential commercial customers within the City of Big Bear Lake. Staff intends to propose a contract term of ten (10) years for the solid waste management contract. All contract terms, including duration, are subject to approval of the City Council.

Contract Terms and Conditions
The contract terms and conditions will be built upon those within the existing service contract (included within this packet). The terms will be updated to reflect current regulatory requirements, industry best practices, and community needs. Updated contract terms would be included in an RFP if pursued. The final contract terms are to be negotiated with the selected hauler and are subject to the approval of the City Council.

Residential Service
Residential service will be provided through both of the following programs:
• Curbside Collection
• Operation of Clean Bear Sites
As stated previously, all single-family residential properties are assessed a refuse fee on the property tax roll, which includes a City refuse fee and a pass-through fee to the City’s franchise waste hauler. The waste hauler bills to the City the contracted costs associated with residential services rendered. These assessment and billing practices will not change regardless of the new contract or service model. The hauler will directly bill the City monthly for services. The billing is a factor of the monthly rate and the number of eligible housing units; billing considerations are not made for occupancy or participation in the services. By virtue of the property tax assessment for solid waste services, all residential properties within the City (approximately 8,500) are eligible for the residential solid waste service offerings.

Curbside Collection
Curbside collection, as intended, shall be:
• Available to all single-family residential properties (approximately 8,500) one time per week.
o Every effort possible should be made to consolidate curbside, residential collection into Monday and Tuesday of each week to accommodate heavy weekend visitation.
• Implemented as a three (3) cart/barrel, source separated model for general refuse, recyclables, and organic materials/vegetative debris. All containers shall be serviced on the same designated day for each property.
• For the purposes of service delivery going forward, the City is proposing an Opt-In / Sign Up System. All single-family residential properties are eligible for curbside collection by virtue of refuse fees being billed through the property tax roll for all properties. Staff is proposing an opt-in/sign up program, to be managed collectively by the City and Hauler, whereby residents must “opt-in” or declare their intent to participate in curbside service. o Anecdotal evidence indicates routine participation of about 1,800 – 2,200 properties. This does not guarantee that the level of participation will not increase or decrease.
o This is not an effort or attempt to dissuade usage; all properties are eligible be them full-time, part time, or vacation rental properties. o The opt-in provision is design to allow for route optimization and control over the quantity of collection containers to be distributed.
o Property owners can opt in anytime and service should commence on the next normal collection day.
o Carts / containers will only be provided to customers who have opted in. • Service will transition to cart service. The hauler shall furnish three (3) typical 96-gallon carts to each customer who has opted in for service. All carts shall be compliant with the color and marking requirements of SB 1383.
o Smaller carts shall be made available, by request only, to situations with logistical concerns (i.e. disabled, senior citizens, property issues). o Carts shall be standardized to lockable / wildlife resistant. o The means and methods for the servicing of the carts shall be determined by the hauler. The City is not mandating either fully automated or semi-automated servicing. The servicing method shall be determined by the hauler’s selected equipment and available manpower, taking into consideration all conditions (topography, street widths, and weather) that impact curbside collection within the City.
• Vegetative Debris / Green Waste shall be collected as part of the curbside collection from April through October.
o Provisions shall be made for occasional high-volume green waste disposal which is typically bagged pine needles.
o The City will continue to offer an on demand, curbside chipping program to encourage brush clearance. Residents will call for service and City staff or a contractor will chip and haul the material. The material may either be retained by the contractor or hauled to a designated bin within the City for disposal by the waste hauler.
• The collection of hauling of ashes shall be included with the curbside collection service.

The hauler will determine proper handling procedures, such as a separate container or requirements that they be watered down / totally extinguished. • The resident / guest/ vacation rental manager for properties participating in this service shall be responsible for placing and removing the carts for service. o The hauler may develop a pull out and return service for residents who request such a service. The associated costs will be determined by the hauler, subject to City review, and will be billed directly to the participating property owner. • The hauler shall develop means of enhancing or modifying service levels, which may include additional collections or additional containers, for property owners upon request (i.e. to accommodate vacation rental usage).
o The hauler shall develop the appropriate costs associated with increased service levels, subject to City review, and those costs will be billed directly to the participating property owner.

Clean Bear Sites
The hauler shall operate two (2) bulk collection facilities known as Clean Bear Sites. The current location of the Clean Bear Sites are:
o Site No. 1 - 41790 Garstin Drive
o Site No. 2 - 39690 Big Bear Boulevard
The location on Garstin Drive is on property owned by the incumbent hauler. Should a new hauler be selected and transitioned to service, they will be responsible for identifying and furnishing a site for similar operations that is convenient to the City populous. The site located on Big Bear Boulevard is on property owned by the City of Big Bear Lake.

Clean Bear Site Operations
At least one of the two sites shall be staffed, by the hauler, 24/7/365 and shall be always available for public use. The subsequent site, if not 24/7/365, shall be staffed by the hauler from 06:00 – 21:00, at a minimum, 365 days per year. The site should be able to be secured and surveilled during periods of nonoperation.
• Clean Bear Sites shall be available to property owners, residents, visitors/guests, vacation rental managers or operations, or approved third-party vendors so long as the point of origin of the user and associated waste shall be a residential property within the City of Big Bear Lake.
o Commercial entities are not permitted to use the sites. For the purposes of determining eligibility, vacation rentals /short-term rentals operating in residential properties are not considered commercial entities.
o City staff will work with the hauler to develop a validation system for eligibility to use these sites (i.e. card, QR code, or other method).
• Clean Bear Sites presently accept general refuse, recyclables, and green waste/organics/vegetative debris.
• The historic tonnage information for these sites is provided within the table above. • It is believed that at present, and historically, that 25%, or more, of the users and total waste collected at these sites originate outside of the City of Big Bear Lake and are not eligible for the use. Current tonnage figures for the Clean Bear Sites reflect this nonrestricted usage. o Beginning no later than July 1, 2022, the sites will no longer accept waste generated outside of the City limits. This will be managed through the staffing of the site by the hauler and the implementation of a validation system. o The City will provide supplemental staff support, on site, during this roll out period. • There are desired capital improvements to be considered for both existing sites. Concepts consider the complete enclosure of the sites in a warehouse type building with drive through capabilities. The hauler will be asked to make considerable investment in the current site, Site No. 1, or an identified replacement site should a new hauler be selected for these services. The City will coordinate and fund the desired improvements to the existing Clean Bear Site No. 2.The City is also pursuing the possible relocation of that site to a yet to be identified location.

Popup Sites, or temporary collection sites, may be used during peak periods of visitation as requested by the City. As has been previously utilized by the City and the current hauler, popup sites will be established sporadically to alleviate the traffic flow and burden to the existing Clean Bear Sites. The City will facilitate a location and the hauler will provide a staff, multiple bins, and a truck to service them. Staff anticipates that on any given year, these may be desired on 15 – 20 occasions.

Commercial Service
Commercial service will continue to include commercial business customers, multi-family residential properties greater than four (4) units, and other governmental or institutional customers within the City of Big Bear Lake service area. Current records show a total of 312 Commercial Service Accounts. There are an additional 32 multifamily accounts and 14 HOA accounts which account for the remaining 1,500 housing units. Commercial service is to be provided through individual accounts between the customer and the hauler. The City shall maintain the right to review and approve the commercial service rates. Commercial service is anticipated to operate as it has historically, with bin service of varying sizes and collection frequencies to meet the needs of the customer.

Commercial service shall also include temporary bin rental for construction, demolition, special events, and other services as requires. Staff is also working to update the construction and demolition program and will coordinate closely with the hauler on implementation.

Environmental Requirements
SB 1383
SB 1383, the short-lived climate pollutants legislation, went into effect on January 1, 2022, and provides a revised framework for the ongoing management of organic materials as present within the waste stream. The impacts of SB 1383 will have a considerable impact on solid waste management programs going forward.

SB 619 offered local agencies the opportunity to delay elements of the required implementation associated with SB 1383. On February 7, 2022, City of Big Bear Lake staff are presenting to the City Council, for their approval, an SB 619 implementation plan that allows appropriate time to establish for a new solid waste services agreement and the associated start up period.

As of January 13, 2022, the City of Big Bear Lake has an approved High Elevation Waiver which will serve to exempt the waste generators within the City from having to comply with the food separate and recover elements of SB 1383. Additionally, the City is prepared to coordinate with all eligible generators on the issuance of de minimis waivers of physical space waivers where appropriate.

The residential solid waste program, consisting of a three (3) cart system is designed with SB 1383 compliance in mind. The details of the legislation provide for varying options to achieve compliance, such as a one or two cart system provided the material is processed through a certified high-diversion recovery, amongst other options. This system was specified by the City as it is perceived as generally universal. The City is willing to consider additional options or approaches to this service delivery so long as it is focused on customer service, quality service delivery, and regulatory compliance. We understand that haulers may have different approaches based upon different business models or access to different resources and other options for service will be considered.

Additional Legislative / Regulatory Requirements
The hauler will work, with the City, to implement the services in accordance with all existing and future legislation pertaining to solid waste management including recycling, commercial recycling, organic recycling, and any other relevant legislation.

Resources / Information
The following resources and information are available to support your efforts in developing a response to this RFI
• Current Contract for Services is available as a PDF that was distributed with this RFI. • City Council Review and Discussion - The Big Bear Lake City Council received reports and held discussion associated with solid waste services at the following meetings:
▪ December 6, 2021
▪ January 11, 2022
o Agendas, reports, and video are available at www.citybigbearlake.com • Incumbent Provider: Big Bear Disposal, Inc. www.bigbeardisposal.com • Regulatory Information www.calrecycle.ca.gov
City Contact Information
The City has designated Sean Sullivan, Director of Public Services, as the sole point of contact for this process. Please contact Sean Sullivan directly with any questions or concerns throughout this process and refrain from contacting other City employees or representatives.

Sean Sullivan, Director of Public Services
[email protected];
(909) 866-5831 X 113

CITY OF BIG BEAR LAKE, CALIFORNIA

REQUEST FOR INFORMATION
FOR

SOLID WASTE MANAGEMENT, COLLECTION AND DISPOSAL SERVICES A. Respondent Information: Provide the following information regarding the Company.

Respondent Name: ____________________________________________________ Primary Address: ______________________________________________________ City: ________________________________ State: __________ ZIP: ____________ Year Company Established: ______________________________________________ Number of Solid Waste Collection / Disposal Contracts in CA: ____________________ Primary Contact for RFI: _________________________________________________ Title: _________________________________________________________________ Telephone Number: _____________________________________________________ Email Address: _________________________________________________________ B. RFI Response While not mandatory, the RFI Response should include the following elements, in addition to any other information that your company chooses to provide. Responses should be limited to 15 pages and a single PDF.

1. A cover letter, on company letterhead, describing your company’s interest in proposing on and providing these services.

2. Company Background – provide background information on the company including:
• When the company was established
• Years of experience in solid waste collection and disposal services • Primary Area of Service (i.e. Southern California, Los Angeles County, San Bernardino County, Riverside County, etc.)
• Quantity and location of collection and disposal contracts • Location of key facilities and operations

3. Does your company have experience providing services in isolated, rural communities similar to Big Bear Lake? Would you propose to provide the service from an existing company location or would you propose to establish a location within the Big Bear Valley?

4. Describe the company’s available resources, or access to resources, required to properly service this contract.

C. Scope of Work & Contract This section offers the opportunity to provide any comment, thoughts, observations, or suggestions on the proposed scope of work and contract terms.

Questions for consideration may include:

Scope of Work

1. Would your company consider proposing a collection methodology different from the proposed three (3) cart system?

2. Would your company consider the use of certified high-diversion facilities to meet compliance with SB 1383?

3. Do you disagree with any of the terms of the proposed scope of work? Would you suggest alternative approaches to any of the proposed scope items?

4. Do any of your current contracts utilize a sign up or “opt in” provision? Is that program, or anything similar, managed by your staff?
Contract Terms

1. Is your company comfortable with a ten (10) year contract term? As a potential new service provider, does this term allow for the appropriate timeline to procure property, equipment, and personnel to service this contract?
a. If not, what is the minimum preferred contract term?

2. As stated, the billing for residential services shall be done monthly, directly to the City.

Additional services, as requested, shall be billed directly by the hauler to the requesting property owner. Does your company have any concerns with these billing practices?

3. The outlined timeline is tentative and subject to change. If your company were selected for this service contract what would be an appropriate and comfortable timeline to establish service?

4. Are there any terms that are not included within the scope of work or existing contract terms that should be? Are there any terms that are included that should be omitted?

MEETING
DATE: May 2, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Stephen P. Deitsch, City Attorney
SUBJECT: Resolution Authorizing an Amendment to the Interim City Manager’s Employment Agreement

BACKGROUND
At their adjourned regular meeting held on March 11, 2022, the City Council approved an Interim City Manager’s Employment Agreement (“Agreement”) between the City and Jeff Mathieu. Pursuant to the Agreement, Mr. Mathieu commenced his limited duration employment as Interim City Manager on March 21, 2022.

DISCUSSION
The executed Interim City Manager’s Employment Agreement allowed for Mr. Mathieu to work a thirty-two (32) hour work week. On April 4, 2022, the City Council met with Mr. Mathieu in Closed Session to perform a brief performance evaluation and provide their initial feedback.

During that meeting, it was determined by Council that it would be in the City’s best interest for Mr. Mathieu to increase the amount of hours he was working to a full-time, forty (40) hour work week. This decision was made due to the time commitment necessary for Mr. Mathieu to effectively manage the City’s organization.

Pursuant to the Ralph M. Brown Act and, in particular, Government Code Sec. 54953 (c)(3), the City Council is required to orally report a summary of the recommendation for a final action on the salary and benefits of a City Manager during an open session of a regularly scheduled City Council meeting at which the action is to be taken. The Staff Report and the oral presentation of this matter by the City Attorney in open session of this City Council meeting satisfy the requirement.

FISCAL IMPACT
A full-time City Manager position is included in the City’s adopted FY 2021-22 Budget.

Therefore, sufficient funds are available in the City’s current budget to cover payroll expenses related to these increased work hours.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under the California Environmental Quality Act (CEQA).

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute the First Amendment to the Interim City Manager’s Employment Agreement.

ATTACHMENT

1. Resolution No. 2022-XX
ATTACHMENT 1

RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING AN AMENDMENT TO THE
INTERIM CITY MANAGER’S EMPLOYMENT AGREEMENT
WHEREAS, at its adjourned regular meeting held on March 21, 2022, the City Council of the City of Big Bear Lake approved an Interim City Manager Employment Agreement (“Agreement”) by and between the City and Jeff Mathieu and subsequently his limited duration employment commenced on March 21, 2022; and
WHEREAS, on April 4, 2022, the City Council met in Closed Session with Mr. Mathieu to perform a brief performance evaluation and provide their initial feedback; and WHEREAS, during that meeting, the City Council determined that it would be in the City’s best interest for Mr. Mathieu to increase his originally agreed upon thirty-two (32) hour work week to a full-time forty (40) hour work week which would allow Mr. Mathieu the additional time needed to effectively manage the City’s organization; and
WHEREAS, in accordance with the Ralph M. Brown Act, a proposed First Amendment to the Interim City Manager Employment Agreement was provided to the City Council for its approval following an oral report by the City Attorney in open session at the May 2, 2022 City Council meeting.

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

The City Council hereby approves the First Amendment to the Interim City Manager Employment Agreement, a copy of which is attached hereto and incorporated herein by reference, under which the Interim City Manager’s work hours will increase to forty (40) hours per week, retroactively effective as of April 4, 2022. The Mayor is authorized and directed to execute the First Amendment on behalf of the City.

PASSED, APPROVED AND ADOPTED this 2nd day of May, 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 2nd day of May, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

FIRST AMENDMENT TO THE CITY OF BIG BEAR LAKE

AGREEMENT FOR INTERIM CITY MANAGER SERVICES
(JEFF MATHIEU)
This First Amendment to the Agreement for Interim City Manager Services (“First Amendment”) between the City of Big Bear Lake (“City”) and Jeff Mathieu (“Employee”) is entered into this 2nd day of May, 2022 (“Effective Date”).

RECITALS
WHEREAS, the City entered into an original Agreement for Interim City Manager Services (“Original Agreement”) with Employee on March 11, 2022, and WHEREAS, the City and Employee now desire to amend the Original Agreement, in order to modify Employee’s conditions of employment, specifically Employee’s hours of work.

NOW, THEREFORE, the above named parties hereby mutually agree and promise as follows:

1. Section 2.1 of the Original Agreement is hereby amended to increase Employee’s hours of work to forty (40) hours per week and to read as follows:

Subject to modifications by the City Council, effective April 4, 2022, Employee shall work the equivalent of a forty (40) hour week.

2. Except as amended by this First Amendment, all other terms of the Original Agreement shall remain in full force and effect.

The City and the Employee have duly executed this First Amendment as of the date written above.

CITY OF BIG BEAR LAKE EMPLOYEE
By:__________________________ _____________________________ Rick Herrick, Mayor Jeff Mathieu, Interim City Manager
ATTEST:

By: _____________________________
City Clerk
APPROVED AS TO FORM:

By: _____________________________
City Attorney

MONTHLY REPORTS
Year‐to‐Date (YTD) Period 9 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Property Taxes $4,510,600 $2,876,017 64% ($1,634,583) 1 Sales and Use Tax          2,824,000          2,156,468 76% (667,532)              2 Transient Occupancy Tax          4,862,000          6,667,484 137% 1,805,484            3 Other Taxes          1,017,400             787,843 77% (229,557) Subventions             614,300             120,479 20% (493,821)              4 Building Permits and Fees             332,400             336,037 101% 3,637                    5 Licenses and Permits          1,435,100          1,305,216 91% (129,884)              6 Current Service Charges             879,045             584,252 66% (294,793) Other Revenue             408,240             306,853 75% (101,387) Interfund Transfers          1,245,290          1,000,232 80% (245,058) Appropriations from Reserves              ‐ 200,000                       0% (200,000)              7 Appropriations from Fund Balance           ‐ 2,818,566                       0% (2,818,566)           8 TOTAL REVENUES $21,146,941 $16,140,882 76% ($5,006,059)

EXPENDITURES AND ENCUMBRANCES
Management Services
City Council $235,100 $126,195 54% ($108,905) 9
City Manager             272,850             312,157 114% 39,307                  10 Public Information             146,000               62,634 43% (83,366)                11 Law Enforcement          5,389,100          3,611,608 67% (1,777,492) City Attorney             280,000             240,413 86% (39,587) Support Services             711,450             530,244 75% (181,206) Administrative Services          2,300,780          1,449,943 63% (850,837) Public Services          4,057,107          2,827,404 70% (1,229,703) Tourism Management          1,400,900             995,544 71% (405,356) Planning & Inspections          1,762,390          1,274,460 72% (487,930) Contributions to Reserves                       ‐ ‐                       0%                       ‐ Interfund Transfers          4,591,264             890,833 19% (3,700,431)           12 TOTAL EXPENDITURES AND ENCUMBRANCES $21,146,941 $12,321,435 58% ($8,825,506) NOTES:
1 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 2 Timing difference. Sales Tax payments remitted to the state are distributed to local jurisdictions once processed by CDTFA. 3 Transient Occupancy Tax remittances due the month following the close of the payment period. Actual represents increase visitation through 4th quarter. 4 Budget includes future MWD contribution for boardwalk maintenance. 5 Seasonal building permit activity.
6 Timing of annual vacation rental permit renewals.
7 Committed fund balance appropriations will be applied at year‐end. 8 Fund Balance appropriations will be applied at year‐end. 9 Timing difference. Budget includes sponsorship appropriation for community service programs. 10 Includes City Manager separation agreement.
11 Public Information Office position filled in January 2022. 12 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ General Fund
March  2022
75% of Fiscal Year Complete
1 of 4
Year‐to‐Date (YTD) Period 9 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Licenses and Permits $13,500 $12,260 91% ($1,240) 1
Current Service Charges         5,991,000         4,181,692 70% (1,809,308)          2 Other Revenue               40,000                 5,288 13% (34,712)                3 Appropriations from Reserves              ‐ 496,500                      0% (496,500)              4 Appropriations from Fund Balance            ‐ (277,304)                      0% 277,304               5 TOTAL REVENUES $6,263,696 $4,199,240 67% ($2,064,456)

EXPENDITURES AND ENCUMBRANCES
Public Services $2,014,190 $1,575,560 78% ($438,630)
BBARWA Contract         2,831,000         1,457,444 51% (1,373,556)          6 Contributions to Reserves                      ‐ ‐                      0%                       ‐ Interfund Transfers         1,418,506             424,091 30% (994,416)              7 TOTAL EXPENDITURES AND ENCUMBRANCES $6,263,696 $3,457,094 55% ($2,806,602) NOTES:
1 Seasonal permit activity.
2 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 3 Year‐to‐date represents two quarters of interest earnings and lower interest rates. 4 Committed fund balance appropriations will be applied at year‐end. 5 Fund Balance appropriations will be applied at year‐end. 6 BBARWA contract paid in two installments, December and April. 7 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Sanitation
March  2022
75% of Fiscal Year Complete
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Year‐to‐Date (YTD) Period 9 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Service Charges and Other Revenue $3,637,200 $2,392,291 66% ($1,244,909) 1 Appropriations from Reserves                      ‐ ‐                      0%                       ‐ TOTAL REVENUES $3,637,200 $2,392,291 66% ($1,244,909)

EXPENDITURES AND ENCUMBRANCES
Public Services $1,128,740 $712,399 63% ($416,341)
Big Bear Disposal Contract         2,326,100         1,531,969 66% (794,131) Interfund Transfers             240,000             139,153 58% (100,847)              2 Contributions to Reserves                      ‐ ‐                      0%                       ‐ Contribution to Fund Balance               ‐ (57,640)                      0% 57,640 TOTAL EXPENDITURES AND ENCUMBRANCES $3,637,200 $2,383,521 66% ($1,253,679) NOTES:
1 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 2 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Refuse
March  2022
75% of Fiscal Year Complete
3 of 4
Year‐to‐Date (YTD) Period 9 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Transient Occupancy Tax $1,620,000 $2,242,162 138% $622,162 1 Other Revenue               72,400               54,957 76% (17,443) Appropriations from Fund Balance              ‐ 683,843                      0% (683,843)              2 TOTAL REVENUES $2,376,243 $2,297,119 97% ($79,123)

EXPENDITURES AND ENCUMBRANCES
Interfund Transfers $2,376,243 $234,459 10% ($2,141,784) 3 TOTAL EXPENDITURES AND ENCUMBRANCES $2,376,243 $234,459 10% ($2,141,784) NOTES:
1 Transient Occupancy Tax remittances due the month following the close of the payment period. Actual represents increase visitation through 4th quarter. 2 Fund Balance appropriations will be applied at year‐end. 3 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Measure Y
March  2022
75% of Fiscal Year Complete
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Department of Water, City of Big Bear Lake
41972 Garstin Drive, P.O. Box 1929 · Big Bear Lake, CA 92315-1929 · Phone 909/866-5050 · Fax 909/866-3184 · www.BBLDWP.com This institution is an equal opportunity provider and employer.

DEPARTMENT OF WATER

Service, Quality, Community
DATE: April 26, 2022
TO: Jeff Mathieu, Interim City Manager
FROM: Reginald A. Lamson, DWP General Manager
RE: DWP Monthly Update – March 2022

SERVICE DELIVERY
Water services that were provided March 1, 2022 to March 31, 2022:
15,879 Customers provided with water service.
1,054 Field service calls completed.
1 Main leak repaired.
2 Main leaks year-to-date 2022 3 Main leaks year-to-date 2021 3 Service leak repairs
8 Service leaks year-to-date 2022 9 Service leaks year-to-date 2021

44.47 Million gallons produced by wells.
$733,721 Processed in billings.
8,331 Accounts processed in billings.
2,327 Number of customers on E-bill
134 New Accounts (includes tenant turnover).

5.25 Equivalent Dwelling Units (EDU) added to the water system. $868,847 Total Gross receipts processed.

BOARD MEETINGS
The following was approved by the Board of Water and Power Commissioners at a Regular Board Meeting on March 22, 2022:
• The Board adopted Resolution DWP No. 2022-03 amending DWP Policy #2020-01, incorporating Senate Bill 114 into the policy, extending accessibility to unused balances of FFCRA Paid Leave and CA COVID-19 Supplement Paid Sick Leave (SPSL) until December 31, 2022, and declaring the SPSL to be retroactive through August 1, 2021.
• The Board awarded a contract with Borden Excavating, Inc. for the 2022 Pipeline Replacement Project for $2,207,869.00 and budgeted internally for $110,393.45 for a 5% contingency for a total amount of $2,318,262.45.
• The Board to adopted Resolution DWP No. 2022-04 approving the implementation of Phase 2 of the Compensation Study for DWP non-contract employees, effective July 1, 2022.

City Manager’s Report
April 26, 2022

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