Regular Meeting Minutes – May 2, 2022
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A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 6:00 p.m., Monday, May 2, 2022, at the Big Bear Lake Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Lee
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
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.
PUBLIC COMMUNICATIONS
Jimmy Lona, Commander of American Legion Post 584, spoke on behalf of the American Legion; discussed the organization’s purpose and highlighted recent events and fundraisers hosted by the American Legion Post 584; invited the public to the Annual Memorial Day Ceremony at Veteran’s Park; indicated that the American Legion needs some assistance with pursuing grants for future programs and events.
Gloria Meade, Big Bear City resident, said she has received many compliments regarding the lights in the Village and suggested that the City implement “music in the Village” to compliment the lights.
Bobbi Martinez, Big Bear City resident, invited Council and the public to attend the National Day of Prayer event on Thursday, May 5.
Lupe Lugo, Big Bear Lake resident, thanked the Interim City Manager Jeff Mathieu, Director of Public Services Sean Sullivan and Associate Engineer Israel Gomez Rosales for addressing her concerns with the Castle Rock Trailhead Improvements Project; said she is looking forward to working with the City in hopes of mitigating the impact on her property and the community in relation to the project.
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Darin Cohen, Big Bear Lake resident, questioned if there has been recent discussions regarding development on Iris Drive, adjacent to the Big Bear Lake Civic Center; indicated that he is concerned with property values.
Barbara Olsen, Big Bear Lake resident, asked if the proposed Code Compliance Manager position will replace the Director of Tourism Management position.
Diana Havey, Big Bear Lake resident, reported on recent and upcoming fundraiser events hosted by the Big Bear Lion’s Club.
Patty Hafen, Big Bear Lake resident, said she has been in contact with the ACLU regarding Councilmember Lee allegedly violating her first amendment rights; invited others to submit evidence if they believe their first amendment rights have been violated as well.
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 Approved.
1.2 APPROVAL OF MEETING MINUTES FROM THE APRIL 4, 2022 REGULAR MEETING
OF CITY COUNCIL
Approved.
1.3 APPROVAL OF MEETING MINUTES FROM THE APRIL 18, 2022 REGULAR
MEETING OF CITY COUNCIL
Approved.
1.4 RESOLUTION ESTABLISHING A NEW CODE COMPLIANCE MANAGER POSITION City Council considered a resolution that would formally authorize a new Code Compliance Manager position, assign the position to the appropriate salary range, and approve the job description. The new position will directly oversee the City’s Code Compliance Officers and the enforcement of the City’s Vacation Rental Ordinance.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-41
RESOLUTION ESTABLISHING A NEW
CODE COMPLIANCE MANAGER POSITION
1.5 RESOLUTION TO AUTHORIZE CHANGING THE 2022 MEMORIAL DAY FIREWORKS
DISPLAY TO A DRONE LIGHT SHOW
City Council considered a formal resolution to authorize changing the 2022 Memorial Day Fireworks Display to a drone light show. This change was proposed due to concerns regarding a potential adverse impact of noise associated with fireworks, upon the baby eagle born in Fawnskin
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approximately seven weeks ago. The drone light show will 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.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-42
RESOLUTION TO AUTHORIZE CHANGING THE 2022 MEMORIAL DAY
FIREWORKS DISPLAY TO A DRONE LIGHT 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 considered two resolutions associated with the Village Maintenance Assessment District. The first resolution orders 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 set a Public Hearing 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.
Approved and adopted the following resolutions entitled:
RESOLUTION NO. 2022-43
RESOLUTION ORDERING THE PREPARATION OF AN
ENGINEER’S REPORT FOR VILLAGE MAINTENANCE
ASSESSMENT DISTRICT NO. 1-92
RESOLUTION NO. 2022-44
RESOLUTION OF INTENT TO LEVY AND COLLECT
ASSESSMENTS WITHIN THE VILLAGE MAINTENANCE
ASSESSMENT DISTRICT NO. 1-92
1.7 RESOLUTION AUTHORIZING A CONSTRUCTION CONTRACT WITH SANCON ENGINEERING, INC. FOR THE SANITARY SEWER “CURED-IN-PLACE” PIPE
PROJECT
City Council considered a formal resolution authorizing a construction contract with Sancon, Inc. for the Sanitary Sewer “Cured-in-Place” Pipe 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.
Approved and adopted the following resolution entitled:
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RESOLUTION NO. 2022-45
RESOLUTION AUTHORIZING A CONSTRUCTION CONTRACT
WITH SANCON ENGINEERING, INC. FOR THE SANITARY
SEWER “CURED-IN-PLACE” PIPE PROJECT
A motion was made by Councilmember Putz, seconded by Mayor Pro Tem Mote, to approve the balance of the Consent Calendar, with Councilmember Lee voting “No” on Item 1.1 and Item 1.4.
Said motion was approved by the following vote:
AYES: Melnick, Putz, Lee, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
At the hour of 6:24 p.m., Mayor Herrick called for a short recess.
At the hour of 6:26 p.m., Mayor Herrick reconvened the meeting.
ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
2. DISCUSSION/ACTION ITEMS
2.1 CITIZENS’ INITIATIVE FISCAL IMPACT REPORT – VACATION RENTAL MEASURE Kelly Ent, Director of Administrative Services, presented the item and engaged the City Council in discussion regarding 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); explained that the Citizens’ Initiative impact report will include the fiscal effect, effect on land uses, and the impact on infrastructure. Kelly Ent also informed the Council that this report is required to be impartial in the style, tenor and timing of the document and must not advocate for or against the Measure.
Following the Council’s initial questions, Mayor Herrick invited up speakers who wanted to speak on this item. The following individuals approached Council:
Paul Sokoloff, Big Bear Lake resident, suggested that the study also include qualitative analysis for community happiness and quality of life, as opposed to just being a quantitative financial analysis.
Barbara Olsen, Big Bear Lake resident, expressed her support for the impact study; asked if the initiative will still go forward if a negative impact is demonstrated; stated her opinion that limiting the number of vacation rental homes will not improve long-term housing opportunities for local residents.
Jim Eakin, Big Bear resident, urged that the Council move forward with the study immediately; expressed that he doesn’t think it is a good initiative and it should not be adopted by the City Council.
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Following additional Council questions and 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. 2022-46
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
Said motion was approved by the following vote:
AYES: Mote, Melnick, Putz, Herrick
NOES: Lee
ABSTAIN: None
ABSENT: None
2.2 FRANCHISE AGREEMENT WITH BIG BEAR DISPOSAL, INC. FOR THE PROVISION
OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES
Sean Sullivan, Director of Public Services, presented the item and engaged the City Council in discussion regarding a resolution of intention to award a Franchise Agreement to Big Bear Disposal, Inc. for Solid Waste Collection and Disposal Services. Sean Sullivan also detailed the work involved with this project beginning back in 2021, explained the “Green Sheet” revisions to the proposed Resolution and reviewed the Big Bear Disposal, Inc. proposal compared to the current marketplace for solid waste services.
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:
Johnny Wells, Big Bear resident, said his out-of-state family members have benefitted from legislations similar to SB 1383 because of the opportunities for community compost facilities.
Tom Barry, GHG Advisors, clarified that the proposed cost structure from Big Bear Disposal does not include the construction of a local compost facility.
Following additional 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 (which was presented as a “Green Sheet” revision) entitled:
RESOLUTION NO. 2022-47
RESOLUTION OF INTENTION TO AWARD A FRANCHISE
AGREEMENT WITH BIG BEAR DISPOSAL, INC. AND TO LEVY
AND COLLECT UPDATED SERVICE RATES FOR SOLID
WASTE COLLECTION AND DISPOSAL
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Said motion was approved by the following vote:
AYES: Mote, Lee, Melnick, Putz, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
2.3 RESOLUTION AUTHORIZING AN AMENDMENT TO THE INTERIM CITY MANAGER’S
EMPLOYMENT AGREEMENT
Stephen Deitsch, City Attorney, presented the proposed amendment of the Interim City Manager’s Employment Agreement as required by the Ralph M. Brown Act; expressed the amendment would modify the current agreement’s thirty-two hour work week to a forty hour work week.
A motion was made by Councilmember Putz, seconded by Councilmember Melnick, to approve staff’s recommendation and adopt the following resolution entitled:
RESOLUTION NO. 2022-48
RESOLUTION AUTHORIZING AN AMENDMENT TO THE
INTERIM CITY MANAGER’S EMPLOYMENT AGREEMENT
Said motion was approved by the following vote:
AYES: Melnick, Mote, Lee, Putz, 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, thanked Council and the community for rekindling his relationship/employment with the City of Big Bear Lake.
3.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Putz reported on his recent attendance at the League of California Cities Environmental Quality Policy Committee meeting.
Mayor Herrick reported on his experience at the Earth Day event.
Mayor Pro Tem Mote reported on a recent Mountain Transit Board Meeting, Solid Waste Advisory Task-Force Meeting, Big Bear Area Regional Wastewater Agency Board Meeting and Budget Committee Meeting; she also noted her attendance at a League of California Cities Transportation Committee meeting.
Councilmember Melnick also reported on the recent Mountain Transit Board Meeting and the League of California Cities Desert Mountain Division Meeting.
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ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting at 8:15 pm.
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Erica Stephenson, City Clerk