CITY COUNCIL
REGULAR MEETING AGENDA
JUNE 20, 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
MOMENT OF SILENCE
ROLL CALL
PRESENTATIONS
• Sandy Benson, Big Bear Chamber of Commerce Chairperson and Ellen Clarke, Executive Director of the Big Bear Chamber of Commerce will be presenting the Chamber’s 2021-2022 Annual Report. • Will Weisfeld, Visit Big Bear Events Director will present an overview of their Events, Shows and Activities.
CITY COUNCIL AGENDA
June 20, 2022 - Page 2
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 05/26/2022 THROUGH 06/09/2022 IN THE AMOUNT OF $1,403,226.80
1.2 RESOLUTION AUTHORIZING THE 2022 CONFLICT OF INTEREST CODE REVIEW
City Council will consider a formal resolution directing the City Clerk to review the City’s Conflict of Interest Code. The City’s Conflict of Interest Code is required to be reviewed every two years. The results of this review will be provided to City Council no later than October 1, 2022.
1.3 RESOLUTION ADOPTING PROPOSED PROJECTS LIST FOR RMRA FUNDING FOR FISCAL YEAR 2022-23
City Council will consider a formal resolution adopting a list of proposed projects to be completed utilizing the City’s RMRA funding for Fiscal Year 2022-23. Road Maintenance Rehabilitation Account (RMRA) funding was created by SB 1 in 2017 and provides an annual allocation to the City in an amount of approximately $100,000. The funding is allocated to the Annual Street Rehabilitation Project, which is consistent with the RMRA guidelines, and the list will indicate the specific street segments to be included within the project. Submittal of this projects list will keep the City’s funding in good standing for the upcoming year.
1.4 RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MINAGAR AND ASSOCIATES FOR PREPARATION OF THE CITY’S LOCAL ROADWAY SAFETY PLAN City Council will consider a formal resolution approving a professional services agreement with Minagar and Associates for the preparation of the City’s Local Roadway Safety Plan (LRSP). In early 2021, the City was awarded grant funding from the State of California Department of Transportation (Caltrans) for the preparation of an LRSP. An LRSP is a document that will systematically identify and analyze local roadway safety problems and recommend the appropriate countermeasures to remedy the concerns. An LRSP will provide a framework for addressing roadway safety concerns and will also satisfy a prerequisite requirement of future State grant funding. The total grant award of $40,000 and the required $10,000 City match provides the necessary funding for this planning effort.
1.5 RESOLUTION APPROVING AMENDMENT NO. 8 TO THE WASTE DISPOSAL AGREEMENT
WITH SAN BERNARDINO COUNTY
City Council will consider a formal resolution authorizing the Interim City Manager to execute an amendment to the City’s agreement with San Bernardino County for disposal of solid waste at county landfill facilities. The City and fourteen (14) other incorporated cities within the County executed an agreement with
CITY COUNCIL AGENDA
June 20, 2022 - Page 3
San Bernardino County in 1998 for the utilization of the County operated solid waste disposal infrastructure.
The agreement includes provisions for an annual price adjustment based upon calculated factors utilizing the Producer Price Index (PPI) and the Employment Cost Index (ECI). The proposed amendment will adopt an adjustment of 7.23% for Fiscal Year 2022-23 disposal costs and also cap the costs provided for in the WDA to 85% of the posted gate rate for landfill facilities going forward, limiting future cost increases.
1.6 RESOLUTION AUTHORIZING A BID SOLICITATION FOR THE KNICKERBOCKER
CHANNEL FENCE REPLACEMENT PROJECT
City Council will consider a formal resolution authorizing a bid solicitation for the Knickerbocker Channel Fence Replacement Project. Included in the adopted Capital Improvement Program for Fiscal Year 2022-23 is a project to replace fencing along Knickerbocker Channel that was not replaced when the project was constructed several years back. The remaining chain link fence is beginning to fail, creating safety concerns along the channel. The project proposes to replace approximately 350 linear feet of the chain link with new, wrought iron to match the remaining fence along Knickerbocker Channel. Authorization of this bid solicitation is requested so that these improvements may be made during this summer construction season.
1.7 RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR THE ROTARY PARK
FENCING PROJECT
City Council will consider a formal resolution accepting the improvements and authorizing the Notice of Completion for the Rotary Park Fencing Project. Included in the Fiscal Year 2021-22 Capital Improvement Program budget were various improvements to Rotary Park, including the construction of a new perimeter fence around the park. A contract for the fencing improvements was awarded to Harris Steel Fence Company, Los Angeles, CA, in March 2022. As of May 13, 2022, the work has been successfully completed and staff is recommending the acceptance of the improvements. Staff is recommending that the City Council accept the work of Harris Steel Fence Company and authorize the filing of a Notice of Completion for the Rotary Park Fencing Project. Work is ongoing at Rotary Park and it is anticipated that the remaining lighting and landscaping improvements will be completed by the end of June.
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. DISCUSSION/ACTION ITEMS
2.1 MOONRIDGE CORRIDOR IMPROVEMENTS PROJECT – CONSTRUCTION UPDATE City Councill will receive a presentation providing an update on the status of the construction efforts associated with the Moonridge Corridor Improvements Project. In June 2021, the City Council awarded a construction contract to Granite Construction Company in the amount of $8,379,649 for construction of the Moonridge Corridor Improvements Project. The project was envisioned as a part of the Rathbun Creek Sustainability Plan and included a multiyear development and design process that identified multiple improvements for the area including traffic calming roundabouts, widened sidewalks, landscaped parkways and medians, new streetlighting and a host of other amenities, all of which comprise this project. Work broke ground in August 2021 and paused for winter in November 2021. Work has resumed as of April 2022 and is scheduled for completion by October 2022. Staff will provide an update and overview of the construction efforts and other coordination and activities associated with this project.
CITY COUNCIL AGENDA
June 20, 2022 - Page 4
2.2 UPDATE AND OVERVIEW OF DUE DILIGENCE ACTIVITES RELATED TO GROUND LEASE
OF BEAR VALLEY MUTUAL WATER COMPANY PROPERTY
City Council will receive a report and presentation regarding the due diligence activities and efforts that are underway associated with the ground lease of the Bear Valley Mutual Property that was executed on December 8, 2022. In May 2022, the City Council authorized an extension to the due diligence period through July 2022 and authorized agreements for additional due diligence support. The Caritas Corporation is a nonprofit corporation with a focus and expertise on mobile home parks and affordable housing throughout the State of California. Staff from the Caritas Corporation are leading the review and due diligence analysis associated with the mobile home park that is a key part of the Bear Valley Mutual Property.
City staff and representatives from the Caritas Corporation will provide an update as to the ongoing activities and efforts that have been undertaken to review the conditions and operations of these facilities and outline the timeline and remaining activities that will be undertaken into July, prior to the expiration of the due diligence period. This report is informational only, no action is requested of the City Council at this time. It is anticipated that a final report on the due diligence and the ground lease will be brought for the consideration of the City Council on July 18, 2022.
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 16th day of June 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
83797 Big Bear Chamber of Commerce 05/26/2022 57.81
83798 Big Bear Disposal Inc 05/26/2022 732.82
83800 Peter Joseph Bucknam 05/26/2022 948.00
83801 Bear Valley Electric 05/26/2022 22,059.11
83802 Bear Valley Printing Inc 05/26/2022 2,369.55
83803 Car Quest Auto Parts 05/26/2022 1,009.43
83804 Charter Communications Holdings, LLC 05/26/2022 3,184.43 83805 Cintas Corporation 05/26/2022 348.71
83806 Columbia Capital Management, LLC 05/26/2022 10,500.00 83808 Fisher Integrated, Inc. 05/26/2022 1,200.00
83809 Frontier Communications 05/26/2022 161.67
83810 The Grizzly 05/26/2022 5,786.50
83811 Harris Steel Fence Co., Inc. 05/26/2022 29,170.70 83812 Intelesys One, Inc. 05/26/2022 10,867.82
83813 Steve Lawless 05/26/2022 444.00
83814 LSA Associates, Inc. 05/26/2022 215.00
83815 Marlin Business Bank 05/26/2022 1,660.06
83816 Mission Linen Supply Inc. 05/26/2022 672.62
83817 Motorola Solutions Inc. 05/26/2022 24,744.98
83818 Randy Spitz 05/26/2022 123.00
83820 CivicPlus, LLC 05/26/2022 828.00
83821 Orkin Inc. 05/26/2022 123.00
83822 Quill Corporation 05/26/2022 218.72
83823 Rochester Midland Corporation 05/26/2022 611.64
83824 Southwest Gas Corporation 05/26/2022 5,255.11
83825 Tourism Economics, LLC 05/26/2022 25,250.00
83826 Transtech Engineers, Inc. 05/26/2022 6,550.00
83828 United Rentals (North America), Inc 05/26/2022 12,873.98 83829 USA Bluebook 05/26/2022 93.39
83830 US Bank Corporate Payment Systems 05/26/2022 11,276.15 83831 Verizon Wireless 05/26/2022 1,267.83
83832 Willdan Engineering Inc 05/26/2022 30,390.00
83836 San Bernardino County Fire Department 06/02/2022 2,784.99 83837 San Bernardino County Sheriff's Dept 06/02/2022 407,680.00 83838 City of Big Bear Lake Dept of Water & Power 06/02/2022 227.65 83839 South Coast AQMD 06/02/2022 431.64
83840 Big Bear Disposal Inc 06/02/2022 181,773.22
83841 Best Best & Krieger LLP 06/02/2022 34,169.74
83843 Big Bear Paint Center 06/02/2022 287.88
83844 Butchers Blocks & Building Materials 06/02/2022 2,379.93 83845 Bear Valley Electric 06/02/2022 3,119.53
83846 Charter Communications Holdings, LLC 06/02/2022 359.94 83847 CP Products 06/02/2022 32.65
City of Big Bear Lake
Checks Issued 05/26/2022 ‐ 06/09/2022
Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 05/26/2022 ‐ 06/09/2022
83848 Extra Space Management Inc 06/02/2022 663.00
83849 Frontier Communications 06/02/2022 59.20
83850 Geiger Supply, Inc. 06/02/2022 208.48
83851 Grainger Inc. 06/02/2022 279.66
83852 Industrial Specialty Products 06/02/2022 1,053.44 83853 KOA Corporation 06/02/2022 10,320.00
83855 LOR Geotechnical Group, Inc. 06/02/2022 942.40
83856 Lynn Merrill And Associates, Inc. 06/02/2022 1,657.64 83857 Mile High Equipment, Inc. 06/02/2022 1,120.00
83858 Mission Linen Supply Inc. 06/02/2022 1,349.76
83859 LRL Industries LLC 06/02/2022 2,228.00
83860 Nestle Waters North America 06/02/2022 1,637.26
83861 Retail Strategies, LLC 06/02/2022 1,250.00
83862 Tom Dodson & Associates 06/02/2022 1,950.00
83863 Transtech Engineers, Inc. 06/02/2022 785.00
83864 Vulcan Materials Company Inc. 06/02/2022 982.69
83865 Waxie Sanitary Supply Inc. 06/02/2022 2,964.22
83866 Willdan Engineering Inc 06/02/2022 588.00
83867 San Bernardino County Clerk of the Board of Supervisors 06/09/2022 50.00 83868 San Bernardino County Sheriff's Dept 06/09/2022 30,131.60 83869 San Bernardino County Vehicle Svcs Dept 06/09/2022 9,648.32 83872 3P Construction, Inc. 06/09/2022 52,606.25
83874 Kelley M. Arnold 06/09/2022 4,555.00
83875 Big Bear Disposal Inc 06/09/2022 4,694.09
83876 BlackHole Technologies Inc 06/09/2022 1,619.84
83877 Bravo Arts Solutions LLC 06/09/2022 155.65
83878 Butchers Blocks & Building Materials 06/09/2022 996.47 83879 Bear Valley Electric 06/09/2022 13,537.68
83880 Bear Valley Printing Inc 06/09/2022 552.55
83881 Cintas Corporation 06/09/2022 352.34
83882 Dapeer Rosenblit & Litvak LLP 06/09/2022 1,100.00 83883 Lumber City Corp. 06/09/2022 150.78
83884 Docu‐Trust 06/09/2022 50.00
83885 DOVES 06/09/2022 5,000.00
83886 Emingers Mountain Nursery 06/09/2022 89.66
83887 Galls Parent Holdings, LLC 06/09/2022 1,089.42
83888 Israel Gomez‐Rosales 06/09/2022 700.00
83889 Granite Construction Company 06/09/2022 332,601.65 83890 Intelesys One, Inc. 06/09/2022 10,422.38
83891 Lance Soll & Lunghard 06/09/2022 12,324.00
83893 Mission Linen Supply Inc. 06/09/2022 674.78
83894 Michael Marcotte 06/09/2022 1,856.50
83896 Nativescapes, Inc. 06/09/2022 80.00
Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 05/26/2022 ‐ 06/09/2022
83898 Orkin Inc. 06/09/2022 266.00
83899 Peckham & McKenney Inc. 06/09/2022 9,000.00
83900 RDO Equipment Co 06/09/2022 1,683.79
83901 S Porter Inc 06/09/2022 8,712.00
83902 Transtech Engineers, Inc. 06/09/2022 18,112.50
83903 Underground Service Alert Inc. 06/09/2022 618.19
83904 United Rentals (North America), Inc 06/09/2022 1,799.64 83905 USA Bluebook 06/09/2022 465.77
ACH Ruth Lorentz 05/26/2022 2,530.00
ACH Gary Payne 05/26/2022 720.00
1,403,226.80
Check# Vendor/Employee Transaction Amount
City Council 4110
83830 US Bank Corporate Payment Systems City/County Conference, Meeting Provisions 05/26/2022 205.15 83885 DOVES Community Sponsorship Grant Program 06/09/2022 5,000.00 City Council Total 5,205.15
City Manager 4120
83830 US Bank Corporate Payment Systems Meeting Supplies/Office Expenses 05/26/2022 495.39 83831 Verizon Wireless Cell Phone Service 05/26/2022 56.36 City Manager Total 551.75
City Clerk 4130
83810 The Grizzly Legal Notices 05/26/2022 4,401.5083812 Intelesys One, Inc. Records Request Support 05/26/2022 445.44 83820 CivicPlus, LLC Municipal Code Supplement 05/26/2022 828.00 83822 Quill Corporation Office Supplies 05/26/2022 218.72 83830 US Bank Corporate Payment Systems Meeting Supplies, Graphics Software, Webinar 05/26/2022 379.58 83831 Verizon Wireless Cell Phone Service 05/26/2022 60.76 City Clerk Total 6,334.00
Finance 4140
83806 Columbia Capital Management, LLC Transient Occupancy Tax Analysis 05/26/2022 10,500.0083825 Tourism Economics, LLC Economic Impact Analysis 05/26/2022 25,250.00 83831 Verizon Wireless Cell Phone Service 05/26/2022 15.93 83891 Lance Soll
& Lunghard 2022 Interim Audit Field Work 06/09/2022 9,672.00 Finance Services Total 45,437.93
Human Resources 4150
83830 US Bank Corporate Payment Systems CACEO and APA Conference Registrations 05/26/2022 330.00 83831 Verizon Wireless Cell Phone Service 05/26/2022 13.65 83899 Peckham
& McKenney Inc. City Manager Recruitment 06/09/2022 9,000.00 Human Resources Total 9,343.65
City Attorney 4170
83841 Best Best
& Krieger LLP Professional Legal Services 06/02/2022 34,169.74 City Attorney Total 34,169.74
Traffic Safety 4230
83801 Bear Valley Electric Electricity Usage 05/26/2022 274.15 PW: Traffic Safety Total 274.15
Law Enforcement 4250
83837 San Bernardino County Sheriff's Dept Monthly Sheriff Contract/June 06/02/2022 407,680.00 83868 San Bernardino County Sheriff's Dept Sheriff Quarterly Expenses 06/09/2022 30,131.60 Law Enforcement Total 437,811.60
City of Big Bear Lake
Expenditure By Department
Checks Issued 05/26/2022 ‐ 06/09/2022
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 05/26/2022 ‐ 06/09/2022
Animal Regulation 4260
83798 Big Bear Disposal Inc Storage Container 05/26/2022 145.72 83847 CP Products Cleaning Supplies 06/02/2022 32.6583851 Grainger Inc. Materials/Supplies 06/02/2022 192.85 Animal Regulation Total 371.22
Engineering 4310
83800 Peter Joseph Bucknam Pavement Management Program Services 05/26/2022 948.00 83826 Transtech Engineers, Inc. Professional Services 05/26/2022 3,930.00 83830 US Bank Corporate Payment Systems Cameras for Project Documentation, Postage Charges 05/26/2022 841.9283831 Verizon Wireless Cell Phone Service 05/26/2022 83.51 83866 Willdan Engineering Inc Professional Services 06/02/2022 588.00 83867 San Bernardino County Clerk of the Board of Supervisors Notice of Completion 06/09/2022 50.00 83869 San Bernardino County Vehicle Svcs Dept Fuel Charges 06/09/2022 50.40 83888 Israel Gomez‐Rosales Professional Engineer Exam Fees 06/09/2022 700.00 83902 Transtech Engineers, Inc. Professional Services 06/09/2022 12,797.50 Engineering Total 19,989.33
Street Maintenance 4320
83802 Bear Valley Printing Inc Wayfinding/Traffic Control Signs 05/26/2022 2,369.55 83804 Charter Communications Holdings, LLC Cable Service 05/26/2022 75.88 83805 Cintas Corporation First Aid Supplies 05/26/2022 117.45 83816 Mission Linen Supply Inc. Laundry Service 05/26/2022 269.05 83821 Orkin Inc. Pest Control 05/26/2022 123.00
83823 Rochester Midland Corporation Janitorial Supplies 05/26/2022 152.9183828 United Rentals (North America), Inc Equipment Rental 05/26/2022 12,873.9883830 US Bank Corporate Payment Systems Meeting Supplies, Fuel Charges, Travel Expense, Uniforms 05/26/2022 1,332.78 83831 Verizon Wireless Cell Phone Service 05/26/2022 194.57 83839 South Coast AQMD Annual AQMD Permit Fee 06/02/2022 143.88 83844 Butchers Blocks
& Building Materials Materials/Supplies 06/02/2022 85.28 83848 Extra Space Management Inc Storage Rental Spaces 06/02/2022 663.00 83852 Industrial Specialty Products Materials/Supplies 06/02/2022 524.40 83857 Mile High Equipment, Inc. Materials/Supplies 06/02/2022 1,120.00 83858 Mission Linen Supply Inc. Laundry Service 06/02/2022 539.92 83860 Nestle Waters North America Drinking Water 06/02/2022 818.63 83864 Vulcan Materials Company Inc. Materials/Supplies 06/02/2022 982.6983865 Waxie Sanitary Supply Inc. Janitorial Supplies 06/02/2022 741.06 83869 San Bernardino County Vehicle Svcs Dept Fuel Charges 06/09/2022 4,233.17 83874 Kelley M. Arnold Annual Backflow Assembly Test
& Certification 06/09/2022 180.00
83876 BlackHole Technologies Inc GPS Monthly Services 06/09/2022 1,619.84 83878 Butchers Blocks
& Building Materials Materials/Supplies 06/09/2022 351.28 83883 Lumber City Corp. Materials/Supplies 06/09/2022 11.62 83893 Mission Linen Supply Inc. Laundry Service 06/09/2022 269.92 83894 Michael Marcotte Equipment Repair 06/09/2022 155.0083904 United Rentals (North America), Inc Equipment Rental 06/09/2022 1,799.64 Street Maintenance Total 31,748.50
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 05/26/2022 ‐ 06/09/2022
Vehicle Maintenance 4325
83801 Bear Valley Electric Electricity Usage 05/26/2022 63.72 83803 Car Quest Auto Parts Vehicle Repair 05/26/2022 902.12 83816 Mission Linen Supply Inc. Laundry Service 05/26/2022 33.63 83824 Southwest Gas Corporation Natural Gas Usage 05/26/2022 1,431.87 83830 US Bank Corporate Payment Systems Vehicle Repair Parts 05/26/2022 802.55 83851 Grainger Inc. Materials/Supplies 06/02/2022 86.8183858 Mission Linen Supply Inc. Laundry Service 06/02/2022 67.47 83887 Galls Parent Holdings, LLC Materials/Supplies 06/09/2022 1,089.42 83893 Mission Linen Supply Inc. Laundry Service 06/09/2022 33.73 83900 RDO Equipment Co Materials/Supplies 06/09/2022 1,683.79 Vehicle Maintenance Total 6,195.11
Street Lighting 4330
83801 Bear Valley Electric Electricity Usage 05/26/2022 6,102.00 83879 Bear Valley Electric Electricity Usage 06/09/2022 5,682.50 Street Lighting Total 11,784.50
City Parking Lots / Chamber Building 4335
83797 Big Bear Chamber of Commerce Natural Gas Usage 05/26/2022 57.81 83798 Big Bear Disposal Inc Portable Restroom Rentals 05/26/2022 486.09 83801 Bear Valley Electric Electricity Usage 05/26/2022 664.89 83823 Rochester Midland Corporation Janitorial Supplies 05/26/2022 152.9183844 Butchers Blocks & Building Materials Materials/Supplies 06/02/2022 5.48 83845 Bear Valley Electric Electricity Usage 06/02/2022 1,764.01 83846 Charter Communications Holdings, LLC Security Camera Internet Service 06/02/2022 239.96 83865 Waxie Sanitary Supply Inc. Janitorial Supplies 06/02/2022 741.06 83874 Kelley M. Arnold Annual Backflow Assembly Test
& Certification 06/09/2022 240.00
83878 Butchers Blocks
& Building Materials Materials/Supplies 06/09/2022 4.74 83883 Lumber City Corp. Materials/Supplies 06/09/2022 20.71 83898 Orkin Inc. Pest Control Services 06/09/2022 85.00 PW: Parking Lots/Chamber Total 4,462.66
Planning 4410
83814 LSA Associates, Inc. Professional Services 05/26/2022 215.00 83830 US Bank Corporate Payment Systems Office Supplies, Meeting Expenses 05/26/2022 263.66 83861 Retail Strategies, LLC Professional Services 06/02/2022 1,250.00 83863 Transtech Engineers, Inc. Professional Services 06/02/2022 785.00 ACH Ruth Lorentz Professional Services 05/26/2022 2,530.00 Planning Total 5,043.66
Planning Commission 4411
83810 The Grizzly Legal Notices 05/26/2022 1,385.00
Planning Commission Total 1,385.00
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 05/26/2022 ‐ 06/09/2022
Tourism Registration / Administration 4414
83830 US Bank Corporate Payment Systems Vacation Rental Data 05/26/2022 800.00 Tourism Registration / Administration Total 800.00
Tourism
& Municipal Code Compliance 4415
83809 Frontier Communications Telephone Service 05/26/2022 68.65 83817 Motorola Solutions Inc. Two‐Way Radios and Accessories 05/26/2022 24,744.9883830 US Bank Corporate Payment Systems Office Supplies 05/26/2022 58.13 83831 Verizon Wireless Cell Phone Service 05/26/2022 195.75 83869 San Bernardino County Vehicle Svcs Dept Fuel Charges 06/09/2022 1,276.0683880 Bear Valley Printing Inc Administrative Citation Forms 06/09/2022 383.58 83882 Dapeer Rosenblit
& Litvak LLP Professional Legal Services 06/09/2022 1,100.00 Tourism
& Municipal Code Compliance Total 27,827.15
Building
& Safety 4430
83830 US Bank Corporate Payment Systems CACEO Membership 05/26/2022 95.00 83831 Verizon Wireless Cell Phone Service 05/26/2022 76.00 83832 Willdan Engineering Inc Professional Services 05/26/2022 30,390.00 83869 San Bernardino County Vehicle Svcs Dept Fuel Charges 06/09/2022 60.93 Building
& Safety Total 30,621.93
PAC Administration 4610
83831 Verizon Wireless Cell Phone Service 05/26/2022 9.10 83877 Bravo Arts Solutions LLC Ticket Printing Fees 06/09/2022 155.65 PAC Administration Total 164.75
City Parks
& Trails 4625
83801 Bear Valley Electric Electricity Usage 05/26/2022 1,732.38 83804 Charter Communications Holdings, LLC Security Camera Internet Service 05/26/2022 289.96 83823 Rochester Midland Corporation Janitorial Supplies 05/26/2022 152.9183838 City of Big Bear Lake Dept of Water & Power Water Usage 06/02/2022 227.65
83844 Butchers Blocks
& Building Materials Materials/Supplies 06/02/2022 5.20 83845 Bear Valley Electric Electricity Usage 06/02/2022 658.30 83846 Charter Communications Holdings, LLC Security Camera Internet Service 06/02/2022 119.98 83850 Geiger Supply, Inc. Plumbing Repair 06/02/2022 90.3583859 LRL Industries LLC Materials/Supplies 06/02/2022 2,228.00 83865 Waxie Sanitary Supply Inc. Janitorial Supplies 06/02/2022 741.05 83869 San Bernardino County Vehicle Svcs Dept Fuel Charges 06/09/2022 231.8483874 Kelley M. Arnold Annual Backflow Assembly Test & Certification 06/09/2022 3,740.00
83878 Butchers Blocks
& Building Materials Materials/Supplies 06/09/2022 345.59 83880 Bear Valley Printing Inc Armed Force Banner 06/09/2022 168.97 83883 Lumber City Corp. Materials/Supplies 06/09/2022 110.33 83886 Emingers Mountain Nursery Landscaping Materials 06/09/2022 89.66 83896 Nativescapes, Inc. Tree Inspection 06/09/2022 80.00 City Parks
& Trails Total 11,012.17
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 05/26/2022 ‐ 06/09/2022
General Government 4800
83804 Charter Communications Holdings, LLC Internet and Cable Service 05/26/2022 2,698.61 83805 Cintas Corporation First Aid Supplies 05/26/2022 231.26 83815 Marlin Business Bank Copier Lease 05/26/2022 1,660.0683818 Randy Spitz Meeting Supplies 05/26/2022 123.00 83830 US Bank Corporate Payment Systems Digital Meeting Platform 05/26/2022 289.90 83831 Verizon Wireless Cell Phone Service 05/26/2022 6.81 83849 Frontier Communications Telephone Service 06/02/2022 59.20 83875 Big Bear Disposal Inc Additional Restrooms
& Trash Dumpsters 06/09/2022 4,694.09
83884 Docu‐Trust Document Storage 06/09/2022 50.00
General Government Total 9,812.93
Information Technology 4810
83808 Fisher Integrated, Inc. Video Streaming 05/26/2022 1,200.00 83812 Intelesys One, Inc. IT Services/License Fees June 2022 05/26/2022 10,422.38 83890 Intelesys One, Inc. IT Services/License Fees July 2022 06/09/2022 10,422.38 83830 US Bank Corporate Payment Systems Computer Equipment, Webcam 05/26/2022 2,238.07 83831 Verizon Wireless Cell Phone Service 05/26/2022 51.66 Technology Services Total 24,334.49
Civic Center 4820
83801 Bear Valley Electric Electricity Usage 05/26/2022 5,821.0683804 Charter Communications Holdings, LLC Security Camera Internet Service 05/26/2022 119.98 83816 Mission Linen Supply Inc. Laundry Service 05/26/2022 47.08 83823 Rochester Midland Corporation Janitorial Supplies 05/26/2022 152.9183824 Southwest Gas Corporation Natural Gas Usage 05/26/2022 1,233.0283830 US Bank Corporate Payment Systems Materials/Supplies 05/26/2022 940.12 83831 Verizon Wireless Cell Phone Service 05/26/2022 49.35 83844 Butchers Blocks
& Building Materials Materials/Supplies 06/02/2022 7.37 83858 Mission Linen Supply Inc. Laundry Service 06/02/2022 94.47 83865 Waxie Sanitary Supply Inc. Janitorial Supplies 06/02/2022 741.05 83869 San Bernardino County Vehicle Svcs Dept Fuel Charges 06/09/2022 1,591.90 83874 Kelley M. Arnold Annual Backflow Assembly Test
& Certification 06/09/2022 235.00
83878 Butchers Blocks
& Building Materials Materials/Supplies 06/09/2022 14.64 83879 Bear Valley Electric Electricity Usage 06/09/2022 5,346.46 83881 Cintas Corporation First Aid Supplies 06/09/2022 352.3483893 Mission Linen Supply Inc. Laundry Service 06/09/2022 47.23 83894 Michael Marcotte Equipment Maintenance 06/09/2022 1,701.5083898 Orkin Inc. Pest Control Services 06/09/2022 181.00 Civic Center Total 18,676.48
PAC Operations
& Maintenance 4821
83801 Bear Valley Electric Electricity Usage 05/26/2022 1,940.36 83813 Steve Lawless Piano Tuning 05/26/2022 444.00
83824 Southwest Gas Corporation Natural Gas Usage 05/26/2022 259.22 83831 Verizon Wireless Cell Phone Service 05/26/2022 45.50 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 05/26/2022 ‐ 06/09/2022
83844 Butchers Blocks
& Building Materials Materials/Supplies 06/02/2022 98.84 83879 Bear Valley Electric Electricity Usage 06/09/2022 1,782.15 83883 Lumber City Corp. Materials/Supplies 06/09/2022 2.32 ACH Gary Payne Equipment Repair/Maintenance 05/26/2022 720.00 PAC Operations
& Maintenance Total 5,292.39
Sanitation 250
83801 Bear Valley Electric Electricity Usage 05/26/2022 5,025.41 83803 Car Quest Auto Parts Vehicle Repair 05/26/2022 107.31 83809 Frontier Communications Telephone Service 05/26/2022 93.02 83816 Mission Linen Supply Inc. Laundry Service 05/26/2022 269.05 83824 Southwest Gas Corporation Natural Gas Usage 05/26/2022 1,431.86 83826 Transtech Engineers, Inc. Professional Services 05/26/2022 1,310.00 83829 USA Bluebook Materials/Supplies 05/26/2022 93.3983830 US Bank Corporate Payment Systems Uniforms, Business Cards 05/26/2022 443.84 83831 Verizon Wireless Cell Phone Service 05/26/2022 331.05 83839 South Coast AQMD Annual AQMD Permit Fee 06/02/2022 287.76 83843 Big Bear Paint Center Materials/Supplies 06/02/2022 148.9283845 Bear Valley Electric Electricity Usage 06/02/2022 114.6683852 Industrial Specialty Products Materials/Supplies 06/02/2022 529.04 83858 Mission Linen Supply Inc. Laundry Service 06/02/2022 539.92 83860 Nestle Waters North America Drinking Water 06/02/2022 818.63 83869 San Bernardino County Vehicle Svcs Dept Fuel Charges 06/09/2022 2,204.02 83879 Bear Valley Electric Electricity Usage 06/09/2022 726.5783883 Lumber City Corp. Materials/Supplies 06/09/2022 9.69 83891 Lance Soll
& Lunghard 2022 Interim Audit Services 06/09/2022 1,326.00 83893 Mission Linen Supply Inc. Laundry Service 06/09/2022 269.92 83902 Transtech Engineers, Inc. Professional Services 06/09/2022 1,432.50 83903 Underground Service Alert Inc. Underground Dig Alert Service 06/09/2022 618.19 83905 USA Bluebook Materials/Supplies 06/09/2022 465.77 Sanitation Total 18,596.52
Village Streetscape Maintenance 291
83801 Bear Valley Electric Electricity Usage 05/26/2022 435.14 83824 Southwest Gas Corporation Natural Gas Usage 05/26/2022 899.14 83840 Big Bear Disposal Inc Village Litter Containers 06/02/2022 1,574.80 83845 Bear Valley Electric Electricity Usage 06/02/2022 582.56 83874 Kelley M. Arnold Annual Backflow Assembly Test
& Certification 06/09/2022 160.00
Village Streetscape Total 3,651.64
Capital Projects 321
83811 Harris Steel Fence Co., Inc. Rotary Park Fencing Project 05/26/2022 29,170.70 83830 US Bank Corporate Payment Systems Animal Shelter Improvement Materials 05/26/2022 1,760.06 83843 Big Bear Paint Center Materials/Supplies Park Improvements 06/02/2022 138.96 83844 Butchers Blocks
& Building Materials Materials/Supplies Park Improvements 06/02/2022 2,177.76 83850 Geiger Supply, Inc. Animal Shelter Improvement Materials 06/02/2022 118.13 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 05/26/2022 ‐ 06/09/2022
83862 Tom Dodson
& Associates Castle Rock Trailhead Environmental Services 06/02/2022 1,950.00 83872 3P Construction, Inc. Rotary Park Lighting Project 06/09/2022 52,606.25 83878 Butchers Blocks
& Building Materials Materials/Supplies Park Improvements 06/09/2022 280.22 83883 Lumber City Corp. Materials/Supplies Park Improvements 06/09/2022 ‐3.89 83901 S Porter Inc 808 Iris Drive Demolition Project 06/09/2022 8,712.00 Capital Projects Total 96,910.19
Street Improvement Projects 350
83853 KOA Corporation Moonridge Corridor Project 06/02/2022 10,320.00 83855 LOR Geotechnical Group, Inc. Moonridge Corridor Project 06/02/2022 942.40 83889 Granite Construction Company Moonridge Corridor Project 06/09/2022 332,601.65 83902 Transtech Engineers, Inc. Moonridge Corridor Project 06/09/2022 2,450.00 Capital Projects/ Street Improvements Total 346,314.05
Refuse 550
83798 Big Bear Disposal Inc Portable Restroom Rental 05/26/2022 101.01 83816 Mission Linen Supply Inc. Laundry Service 05/26/2022 53.81 83826 Transtech Engineers, Inc. Professional Services 05/26/2022 1,310.00 83831 Verizon Wireless Cell Phone Service 05/26/2022 77.83 83836 San Bernardino County Fire Department Quarterly Hazardous Waste Removal 06/02/2022 2,784.99 83840 Big Bear Disposal Inc Residential Curb/Bin Service 06/02/2022 180,198.42 83856 Lynn Merrill And Associates, Inc. Professional Services 06/02/2022 1,657.64 83858 Mission Linen Supply Inc. Laundry Service 06/02/2022 107.98 83891 Lance Soll
& Lunghard 2022 Interim Audit Services 06/09/2022 1,326.00 83893 Mission Linen Supply Inc. Laundry Service 06/09/2022 53.98 83902 Transtech Engineers, Inc. Professional Services 06/09/2022 1,432.50 Refuse Total 189,104.16
Grand Total 1,403,226.80
MEETING
DATE: June 20, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Erica Stephenson, City Clerk
SUBJECT: Resolution Authorizing the 2022 Conflict of Interest Code Review
BACKGROUND
The Political Reform Act requires every local government agency to review their Conflict of Interest Code biennially. A Conflict of Interest Code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).
DISCUSSION
Attached for Council’s review is a memorandum from BB&K and a notice from the Fair Political Practices Commission (FPPC) including information regarding the 2022 Conflict of Interest Code update process and deadlines. These forms indicate that the City Council acts as the City’s Code Reviewing Body, and that by July 1, 2022 they must formally notify City staff to review their agency’s Conflict of Interest Code.
The results of the staff review will be included in a 2022 Local Agency Biennial Notice that will be provided to Council by October 3, 2022. If it is determined that amendments to the City’s Code are necessary, staff will then submit the updated Conflict of Interest Code for City Council review and adoption by December 30, 2022.
FISCAL IMPACT
The legal fees associated with this mandatory Conflict of Interest Code update have been included in the FY 2022-23 Budget.
ENVIRONMENTAL CONSIDERATIONS
None requiring review under California Environmental Quality Act.
RECOMMENDATION
It is recommended that the City Council direct the City Clerk to review the Conflict of Interest Code and submit the 2022 Local Agency Biennial Notice to Council by October, 3, 2022.
ATTACHMENTS
1. Resolution No. 2022-XX
2. BB&K 2022 Conflict of Interest Code Memorandum
3. FPPC 2022 Conflict of Interest Code Notice
4. 2020 Conflict of Interest Code
ATTACHMENT 1
RESOLUTION NO. 2022-XX
RESOLUTION AUTHORIZING THE 2022 CONFLICT
OF INTEREST CODE REVIEW
WHEREAS, the Political Reform Act requires every local government agency to review their Conflict of Interest Code biennially; and
WHEREAS, City Council, acting as the City’s Code Reviewing Body must formally notify City staff to review their agency’s Conflict of Interest Code by July 1, 2022.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Big Bear Lake is hereby directing the City Clerk to review the City’s Conflict of Interest Code to determine if amendments are required, and include the results of this review in a 2022 Local Agency Biennial Notice to be provided to Council by October 3, 2022.
PASSED, APPROVED AND ADOPTED this 20th day of June, 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 20th day of June, 2022 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
ATTACHMENT 2
Best & Krieger
3390 University Ave , 5th Flr
Riverside, CA 92501
(951)826-8214
Cathy Tisnado
Paralegal
May 9, 2022
Erica Stephenson
City Clerk
Big Bear Lake, City of
P.O. Box 10000
Big Bear Lake, CA 92315-8900
Subject: 2022 Biennial Notice for Conflict of Interest Codes - Cities This is a reminder that 2022 is a mandatory review year for all local public agencies to review their Conflict of Interest Codes, file Biennial Notices with their code-reviewing bodies, and update their Conflict of Interest Codes, if necessary.
As the City's code-reviewing body, on or before July 1, 2022, your City Council must notify your City Manager of this and direct the review of the City’s Code. It is suggested that you place this item on your agenda as soon as convenient, but in no event later than July 1, 2022. You will then have until October 1 to complete your review and have the City Manager file the Biennial Notice with the City Clerk's office reflecting the results of the review. If you find that the City’s Code needs to be amended, you will have 90 days after the date of filing the Biennial Notice to complete the amendment and submit it to the City Council for approval. (Gov. Code § 87306.5) The Code must be reviewed and documents submitted as follows:
* No later than October 3, 2022, the Biennial Notice must be submitted to the City Clerk with the results of the review, whether or not amendments to your Code are necessary. * If amendments to the Code are necessary, submit the amended Code documents to the City Council by December 30, 2022.
A Biennial Notice must be filed regardless of how recently your City's Code has been amended. An amended code is not effective until it has been approved by the City Council.
This spring, we will begin assisting clients with this Code amendment process. If you need assistance with reviewing and amending your Code, it is important that you contact me as soon as possible at the number below so we can work on obtaining the required information and documents. We may not be able to guarantee timely processing of Code amendments if documents are received after September 1, 2022.
Sincerely,
Cathy Tisnado, Paralegal
Public Policy & Ethics Compliance
ATTACHMENT 3
[email protected] 1.866.275.3772 or 916.322.5660
www.fppc.ca.gov FPPC • 076-04.2022 • Page 1 of 1
FAIR POLITICAL PRACTICES COMMISSION
2022 Conflict of Interest Code
Biennial Notice Instructions for Local Agencies
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).
By July 1, 2022: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes.
By October 3, 2022: The biennial notice must be filed with the agency’s code reviewing body.
The FPPC has prepared a 2022 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them.
The Local Agency Biennial Notice is not forwarded to the FPPC.
If amendments to an agency’s conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency’s amended code is not effective until it has been approved by the code reviewing body.
If you answer yes, to any of the questions below, your agency’s code probably needs to be amended.
• Is the current code more than five years old?
• Have there been any substantial changes to the agency’s organizational structure since the last code was approved?
• Have any positions been eliminated or re-named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved?
If you have any questions or are still not sure if you should amend your agency’s conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC’s website. www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2022 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡ Include new positions
¡ Revise disclosure categories
¡ Revise the titles of existing positions
¡ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
¡ Other (describe)
q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
ATTACHMENT 4
BBK – October 2020
19361.00010\33306354.3
CONFLICT OF INTEREST CODE
OF THE
CITY OF BIG BEAR LAKE
1 BBK – October 2020
19361.00010\33306354.3
CONFLICT OF INTEREST CODE
OF THE
CITY OF BIG BEAR LAKE
(Amended November 9, 2020)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 Cal. Code of Regs. Section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Big Bear Lake (the “City”).
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) App. A-1
BBK – October 2020
19361.00010\33306354.3
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF BIG BEAR LAKE
(Amended November 9, 2020)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the Chief Operations Officer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments.1 These positions are listed here for informational purposes only.
Director of Administrative Services
Financial Consultants
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
App. A-2
BBK – October 2020
19361.00010\33306354.3
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Administrative Analyst 4
Administrative Services Manager 4, 7
Assistant Building Official 2, 3, 5, 6
Assistant Engineer 2, 3, 5, 6
Assistant Planner 2, 3, 5, 6
Associate Engineer 2, 3, 5, 6
Associate Planner 2, 3, 5, 6
Building Inspector (ALL) 3, 5, 6
Chief Building Official 2, 3, 5
Chief Operations Officer 1, 2
City Attorney (not filing under Gov. Code Section 87200) 1, 2 City Clerk 5
City Engineer 1, 2
City Planner 2, 3, 5, 6
Code Compliance Officer (ALL) 6
Code Compliance Supervisor 6
Deputy City Clerk 5, 7
Director of Administrative Services 4
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
App. A- 3 -
BBK – October 2020
19361.00010\33306354.3
Director of Community Development 1, 2
Director of Community Services 1, 2
Director of Planning & Inspections 1, 2
Director of Public Services 1, 2
Director of Tourism Management 2, 5
Finance Manager 4
Mechanic 5
Principal Planner 2, 3, 5, 6
Project Manager 2, 3, 5, 6
Public Works Crew Leader (ALL) 5
Public Works Operations Manager/Superintendent 2, 3, 5
Public Works Supervisor 2, 5
Senior Administrative Analyst 5
Senior Plans Examiner 3, 6
Senior Principal Planner 2, 3, 5, 6
Theater Supervisor 5
Theater Technician 5
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS:
Oversight Board to Successor Agency 1, 2
Successor Agency 1, 2
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
App. A- 4 -
BBK – October 2020
19361.00010\33306354.3
Consultants and New Positions 2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure category set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.) App. B-1
BBK – October 2020
19361.00010\33306354.3
PART “B”
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.3“Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.
Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.
Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.
Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
MEETING
DATE: June 20, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sean Sullivan, Director of Public Services
Katya Meyer, Administrative Analyst
SUBJECT: Resolution Adopting Proposed Projects List for RMRA Funding for Fiscal Year 2022-23
BACKGROUND
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, was signed into law in April 2017 to address significant transportation funding shortfalls across the state of California. The legislation established the Road Maintenance and Rehabilitation Account (RMRA) that provides funding to local agencies to provide for essential road maintenance and rehabilitation, safety improvements, and other transportation improvements. The City has received these funds annually since 2017 and generally applies them to the Annual Street Rehabilitation Projects. For Fiscal Year 2022-23, the City anticipates receiving approximately $114,900 in RMRA funds.
In support of the implementation of SB 1 and the related projects and funding, the California Transportation Commission (CTC) adopted annual reporting guidelines for recipients of funding derived from SB 1. The guidelines stipulate that each year, the receiving local agency shall adopt a resolution, at a public meeting, adopting a list of projects to be funded by these resources. The funding list shall include a description and location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvements. Per these guidelines, the City shall submit a list of the anticipated projects for Fiscal Year 2022-23 by July 1, 2022.
DISCUSSION
The City of Big Bear Lake has budgeted anticipated revenue from the Road Maintenance and Rehabilitation Account (RMRA) for Fiscal Year 2022-23. These funds are programmed, annually, into the adopted 5-Year Capital Improvement Program budget within the Annual Street Rehabilitation Project. The Annual Street Rehabilitation is funded in the amount of $1,400,000 annually through a number of funding sources, including the specified RMRA proceeds.
Additional funding sources include Measure I Local funds, General Fund and Sanitation Funds.
As outlined within the proposed resolution, the project for Fiscal Year 2022-23 includes two pavement rehabilitation methodologies, grind and overlay and street reconstruction, over approximately 1.85 miles of City streets. The project includes nineteen (19) identified street sections throughout the City. Work is anticipated to be completed between July and October 2022 and the life of the improvements will range from 10 – 20 years depending on the identified pavement rehabilitation methodology for each section.
Staff is recommending that the City Council adopt the proposed Resolution to submit the necessary RMRA project list to the State to ensure receipt of the annual funding allocation for Fiscal Year 2022-23.
FISCAL IMPACT
This action is required for the City to receive its annual funding allocation from the Road Maintenance and Rehabilitation Account (RMRA). The anticipated proceeds for Fiscal Year 2022- 23 are approximately $114,900.
ENVIRONMENTAL CONSIDERATIONS
This action does not require any environmental review pursuant to the California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the City Council adopt Resolution Adopting Proposed Projects List for RMRA Funding for Fiscal Year 2022-23.
ATTACHMENT
1. Resolution No. 2022-XX
ATTACHMENT 1
RESOLUTION NO. 2022-XX
RESOLUTION ADOPTING PROPOSED PROJECTS LIST FOR RMRA FUNDING FOR FISCAL YEAR 2022-23
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Big Bear Lake are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Big Bear Lake must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Big Bear Lake, will receive an estimated $114,906 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the 6th year in which the City of Big Bear Lake is receiving SB 1 funding and will enable the City of Big Bear Lake to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Big Bear Lake has undergone a robust public process to ensure public input into our community’s transportation priorities and the project list; and WHEREAS, the City of Big Bear Lake used Pavement Condition Index (PCI) to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Big Bear Lake maintain and rehabilitate nineteen (19) street segments, add active transportation infrastructure throughout the City of Big Bear Lake this year and annually complete similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of Big Bear Lake’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “excellent” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits for the City of Big Bear Lake.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part with Fiscal Year 2022- 23 Road Maintenance and Rehabilitation Account revenues:
Project Title: FY 22/23 Street Rehabilitation
Project Description: This project involves a grind and overlay process removing approximately 2” section of weathered and degraded asphalt and replacing it with a new 2” course of asphalt on approximately 0.6 miles of roadway. The remainder of the project will involve 1.25 miles of street reconstruction including the pulverization, removal of old material, compaction of the subgrade, and lastly placement of 4” of asphalt. A very small portion of the project will involve construction of a new mid-block pedestrian crossing.
Project Location: Aurora Rd.; Dixie Ln.; Marina Point; Talmadge Rd.-Talmadge Spur to Lakeview Drive; Talmadge Spur; Teakwood Drive- south end to Fox Farm; Wren Dr.- north end Big Bear Blvd. to Park Ave.; 42360 Juniper Drive; Andrew Ln.; Maple Leaf Drive; Ponderosa Dr.; San Gorgonio Dr.; Tomahawk Dr.- Maple Leaf to Switzerland Dr.; Tamarack Dr.; Canvasback Rd.- Forest Rd. to Lakeview Dr.; Douglas Street- Alta Vista Ave to Cougar Rd.; Bartlett Parking Lot Crosswalk North; Bartlett Parking Lot Crosswalk South
Estimated Project Schedule: Start July 2022- Completion October 2022 based on the component being funded with RMRA funds.
Estimated Project Useful Life: 10 to 20 years
PASSED, APPROVED, AND ADOPTED this 20th day of June 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 20th day of June 2022 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
MEETING
DATE: June 20, 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 Approving a Professional Services Agreement with Minagar and Associates for Preparation of the City’s Local Roadway Safety Plan
BACKGROUND
In 2021, the City was awarded grant funds from the State of California Department of Transportation (Caltrans) to prepare a Local Roadway Safety Plan (LRSP). An LRSP is a plan that will identify and analyze roadway safety problems and recommend the appropriate counter measures to address these concerns. This local safety plan would become a part of the State’s Strategic Highway Safety Plan which satisfies requirements associated with Federal highway and road funding. The City’s LRSP will provide a framework for addressing roadway safety concerns and will also be a prerequisite requirement for future applications for State grant funding, including the Highway Safety Improvement, amongst others. In March 2022, the City Council authorized an RFP process for this initiative. Staff received and reviewed three (3) proposals and upon their review and rankings is recommending the selection of Minagar and Associates, Laguna Hills, CA, for this effort.
DISCUSSION
In 2021, the City was awarded a grant from Caltrans for the preparation of a Local Roadway Safety Plan in the amount of $40,000. Staff executed a request for proposals to identify a consultant to prepare the City’s Local Roadway Safety Plan (LRSP) beginning in March 2022. The LRSP is funded through a grant from Caltrans and will support general roadway safety improvements. The scope of work for the preparation of the LRSP includes reviewing existing plans and data associated with the roadway network and conducting field research and data analysis to identify areas of traffic safety concerns. The plan will include interaction with stakeholders throughout the community to get their feedback on traffic safety concerns to support the data that is collected. The resulting plan will be a document that identifies roadway safety needs throughout the community and prioritize the necessary improvements to correct them and satisfy prerequisites for future grant opportunities.
The RFP and contract award will be conducted in accordance with Caltrans standards and the City’s procurement guidelines. The RFP was advertised through the City’s website as well as PlanetBids, which is a widely used and recognized bid solicitation service for public projects. The City received three (3) proposals for this activity. The responding firms were:
Firm Location
Kimley-Horn & Associates Riverside, CA
KOA Corporation Monterey Park, CA
Minagar & Associates Laguna Hills, CA
Pursuant to Caltrans procedures, the proposals were reviewed on a qualifications basis, with the cost proposals being provided in a separate, sealed envelope. The proposals were reviewed and rated based upon their general conformance to the RFP requirements, their project understanding and approach, their experience with similar assignments, and their dedication of resources and effort to complete the activity. The proposals were reviewed and rated by Engineering staff and the City’s Consulting City Engineer with the following rankings:
Firm Ranking
Minagar & Associates 1
Kimley-Horn & Associates 2
KOA Corporation 3
While all of the firms are very qualified and capable of successfully completing this project, staff is recommending an award of contract for this assignment to Minagar and Associates, Laguna Hills, CA. Minagar and Associates is a smaller, dedicated traffic engineering and transportation planning firm. Their experience includes local, statewide and national activities and they have extensive experience with LRSP, Highway Safety Improvement Program, Safe Routes to School and many elements of traffic safety programs. They have completed LRSPs for a number of agencies including Needles, Yucca Valley, and Coachella amongst other agencies across the State.
Minagar and Associates has been in business for nearly thirty (30) years and while they have never worked with the City of Big Bear Lake, they have worked with more than eighty (80) public agencies.
Engineering staff will closely coordinate this effort and it is anticipated that the final plan will be completed prior to the end of the calendar year. As the project progresses, staff will coordinate and execute all necessary documents with Caltrans relative to the grant reimbursement.
FISCAL IMPACT
The proposed cost for this plan from Minagar and Associates is $39,893. Funding for this plan is funded through a grant form Caltrans in the amount of $40,000 and the City is responsible for matching funds up to $10,000. The City’s required matching funds is included in the adopted budget.
ENVIRONMENTAL CONSIDERATIONS
The project is not subject to review pursuant to the California Environmental Quality Act (CEQA)
RECCOMENDATION
Staff recommends that the City Council adopt a Resolution Approving a Professional Services Agreement with Minagar and Associates for Preparation of the Local Roadway Safety Plan.
ATTACHMENT
1. Resolution No. 2022-XX
ATTACHMENT 1
RESOLUTION NO. 2022-XX
RESOLUTION APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH MINAGAR AND ASSOCIATES
FOR PREPARATION OF THE CITY’S
LOCAL ROADWAY SAFETY PLAN
WHEREAS, a Local Roadway Safety Plan (LRSP) is a document that will systematically identify and analyze traffic safety problems and recommend the appropriate counter measures to address these concerns; and,
WHEREAS, a LRSP will become part of the State’s Strategic Highway Safety Plan and be a prerequisite requirement for certain State grant funding applications; and, WHEREAS, the City was awarded grant funds in the amount of the $40,000 from the State of California Department of Transportation (Caltrans) for the preparation of the City’s LRSP subject to the City’s acceptance; and,
WHEREAS, the funding requires the City to conduct a request for proposals process to identify a consultant, on a qualifications basis, to develop the plan for approval; and, WHEREAS, the LRSP will include a review of existing plans and data associated with the City’s roadways and a comprehensive review of the Statewide Integrated Traffic Records System, to identify critical locations within the City and identify the appropriate counter measures to address the identified concerns; and,
WHEREAS, staff conducted a request for proposals (RFP) process according to the Caltrans requirements and received three (3) proposals which were analyzed on a qualifications basis; and, WHEREAS, upon reviewing the proposals for their adherence to the RFP, their understanding of the scope of work, and their experience, staff has selected Minagar and Associated of Laguna Hills, CA; and,
WHEREAS, Minagar and Associates is a traffic and transportation planning firm with extensive experience in the preparation of Local Roadway Safety Plans throughout the State of California; and,
WHEREAS, upon reviewing their sealed cost proposal, the total cost was found to be $39,893, which is consistent with the available grant funding and staff’s estimated cost for this effort; and, WHEREAS, staff will comply with all grant requirements and prepare all documents and submittals for Caltrans review and acceptance to receive all eligible reimbursements through the grant.
NOW, THEREFORE, BE IT RESOLVED by the City Council that:
1. The Local Roadway Safety Plan Grant from the State of California Department of Transportation in the amount of $40,000 is accepted by the City of Big Bear Lake.
2. Staff is authorized to execute all documents and produce all necessary submittals to Caltrans relative to the grant funding for this project.
3. A professional services agreement is awarded to Minagar and Associates for preparation of the Local Roadway Safety Plan in the amount of $39,893.
4. The Interim City Manager is authorized to execute this agreement in a form approved by the City Attorney.
PASSED, APPROVED AND ADOPTED this 20th day of June, 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 20th day of June, 2022 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
MEETING
DATE: June 20, 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 Approving Amendment No. 8 to the Waste Disposal Agreement with San Bernardino County
BACKGROUND
In 1998, the City of Big Bear Lake and fourteen (14) other cities within San Bernardino County entered into a Waste Disposal Agreement with the County of San Bernardino. The County’s Department of Public Works – Solid Waste Management Division operates the County’s Waste Disposal System, which includes the necessary infrastructure for the disposal of solid waste such as transfer stations and landfills. The Cities party to this agreement direct the disposal of their solid waste to the County’s system for a set price per ton that is established within the agreement.
The original agreement was established in August of 1998 with a fifteen (15) year term to expire in 2013. The agreement has been amended several times related to the adjustments of various terms and to extend the expiration date. The agreement was most recently amended in 2021, with Amendment No. 7, extending the contract date through June 30, 2026. The Waste Disposal Agreement sets the price for the disposal of waste at the County landfill facilities and includes the terms for which rates are adjusted on an annual basis. For FY 2022-23, the calculated adjustment to the Waste Delivery Agreement fees would have seen an increase of more than 14% based upon the established methodology. Given the significant cost increase, the Cities contacted and negotiated with the County to establish a reduced rate increase. Amendment No. 8 establishes an annual tonnage rate of $40.75 (an increase of 7.23%) and further stipulates that at no time shall the Waste Delivery Agreement rate exceed 85% of the County approved general public gate rate to access disposal facilities.
DISCUSSION
The City has contracted with Big Bear Disposal (BBD) for solid waste collection and hauling services within the City since 1991. Under the City’s Waste Disposal Agreement with the County of San Bernardino, BBD hauls all solid waste collected within the City to the Transfer Station located near Baldwin Lake. BBD is assessed a fee pursuant to the rate set in the Waste Disposal Agreement and the County manages the disposal of the solid waste from that point. The costs associated with the disposal of solid waste are included in the costs of BBD’s contract and are covered in the City’s payment to BBD for these services.
For the Fiscal Year beginning July 1, 2022, under the proposed Amendment No. 8, the rate for solid waste disposal will be set to $40.75 per ton, an increase of 7.23% from the Fiscal Year 2021- 22 rate of $38.00 per ton. The Waste Disposal Agreement includes terms and a calculation formula for annual rate adjustments, which are based upon the Producer Price Index and Employment Cost Index, both generated by the US Department of Labor statistics. Additionally, the calculated rates include an annual discount of $0.82 per ton.
For Fiscal Year 2022-23, the calculated rates would have been subject to an increase of 14.23% based upon the increase in both the PPI and ECI. The Cities within the WDA approached and discussed the proposed rate increase with the County due to the significant increase as well as the rate encroaching upon the general public gate rate. The opinion of the cities was that given that the WDA guarantees the delivery of all solid waste collected within the municipality, those rates should be subject to a considerable discount from the rate paid by general public users of the landfill facilities. The County revisited the rates and determined that going forward, the WDA rates for the participating Cities would not exceed 85% of the posted general public gate rate, which for Fiscal Year 2022-23 is $47.94 per ton. The rate will continue to be subject to the lower of the calculated rates, based upon the terms included within the agreement, or the 85% of the gate rate. The current Waste Disposal Agreement with San Bernardino County, as amended, is effective through June 30, 2026.
FISCAL IMPACT
These costs are contemplated within the solid waste services rates paid through the City pass through to Big Bear Disposal, which is collected on the annual property tax roll.
ENVIRONMENTAL CONSIDERATIONS
None requiring review pursuant to the California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the City Council adopt the proposed Resolution Approving Amendment No. 8 to the Waste Disposal Agreement with the County of San Bernardino.
ATTACHMENTS
1. Resolution No. 2022-XX
2. Amendment No. 8 to WDA with San Bernardino County
ATTACHMENT 1
RESOLUTION NO. 2022-XX
RESOLUTION APPROVING AMENDMENT NO. 8 TO THE
WASTE DISPOSAL AGREEMENET WITH
SAN BERNARDINO COUNTY
WHEREAS in 1998 the City of Big Bear Lake and fourteen (14) other incorporated Cities within San Bernardino County entered into a Waste Disposal Agreement (WDA) with the County of San Bernardino for the use of the County’s Waste Disposal System for the disposal of solid waste; and, WHEREAS, this agreement allows for the City’s franchise solid waste hauler, Big Bear Disposal, Inc., to utilize the County operated Transfer Station and Landfills for the disposal of solid waste collected within the City; and,
WHEREAS, the agreement specifies a fee per ton of waste disposed that is fixed for each fiscal year but is subject to annual adjustment; and,
WHEREAS, the agreement has been amended multiple times related to the term of the agreement, the rate charged, or other changes, most recently in 2021 for a five (5) year period through June 30, 2026; and,
WHEREAS, the WDA includes calculations for annual rate increases based upon the Producer Price Index (PPI) and Employment Cost Index (ECI) and those calculations initially proposed a rate increase of more than 14% for Fiscal Year 2022-23; and, WHEREAS, the Cities party to the agreement met with the County and indicated that given that the WDA guarantees the delivery of all solid waste collected within the municipalities that those rates should be offered at a considerable discount of those paid by general public users; and, WHEREAS, the County reviewed the proposed rates for the WDA cities, as well as the general public gate rates at these facilities, and established that the WDA rate shall be capped at 85% of the posted general public gate rate; and,
WHEREAS, the WDA rates will always be subject to the lower of the calculated rates, based upon the terms included within the agreement, of the 85% of the general public gate rate; and, WHEREAS, under these terms, the WDA rate proposed within Amendment No. 8 for Fiscal Year 2022-23 is $40.75 per ton, which is an increase of 7.23% from the previous rate of $38.00 per ton, and exactly 85% of the posted general public gate rate of $47.94 per ton; and, WHEREAS, all other terms of the existing Waste Disposal Agreement remain unchanged and the agreement expiration remains June 30, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council that:
1. Amendment No. 8 to the Waste Disposal Agreement with San Bernardino County is hereby approved.
2. The Interim City Manager is authorized to execute this amendment in a form approved by the City Attorney.
PASSED, APPROVED AND ADOPTED this 20th day of June, 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 20th day of June, 2022 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
ATTACHMENT 2
AMENDMENT NO. 8 TO THE
WASTE DISPOSAL AGREEMENT NO. 98-744
On August 25, 1998, the City of Big Bear Lake (“City”) and the County of San Bernardino (“County”) entered into a Waste Disposal Agreement (“WDA”). The parties hereby amend the WDA, on the Effective Date as provided herein, by their respective execution of this agreement (hereinafter “Amendment’).
Recitals
A. The parties have previously entered into the following amendments to the WDA. Amendment No. 1 to the WDA was to implement the “Article 19 Solid Waste” component of the County’s waste management system and define the City’s share of that revenue. Amendment No. 2 was to increase the annual maximum limits of “Article 19 Solid Waste” in the County landfill system. Amendment No. 3 allowed the County to charge the fee of $10.00 per ton (prorated) for identified controllable waste of the City (e.g., roll off container trucks and other County/City vehicles such as pickups and dump trucks) and have such waste subject to being processed in the recycling program. Amendment No. 4 allowed the County to calculate the annual cost of living adjustment earlier in the calendar year. Amendment No. 5 extended the end date of the WDA to June 30, 2016. Amendment No. 6 extended the term of the WDA to June 30, 2021, applied an annual fixed WDA renewal discount adjustment of $0.82 per ton for the term of the WDA, and allowed the County to enter into agreements to accept in-County waste from non-WDA users of the Disposal System at a rate lower than the WDA Contract Rate in exchange for sharing the net revenue generated from those agreements. Amendment No. 7 reset the WDA Contract Rate and extended the term for five (5) years to June 30, 2026.
B. In connection with the ongoing administration of the WDA, the parties have determined it is now in their best interests to cap the WDA Contract Rate in order to maintain a 15% buffer between the WDA Contract Rate and the County’s posted gate rate.
C. This change will assist both the City and the County in planning for future fiscal years’ budgeting of solid waste disposal services and costs by putting a mechanism in place for the future to prevent compaction with the County’s posted gate rate.
NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the Parties agree as follows:
1. Amended Section 4.2 CONTRACT RATE. (A) Generally. This section is amended in its entirety to read:
SECTION 4.2. CONTRACT RATE. (A) Generally. Effective July 1, 2022, the Contract Rate payable by each Franchise Hauler shall be $40.75 per ton, subject to potential adjustment necessary to reflect the circumstances set forth below:
(i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, including Changes in Law; and
(ii) escalation during the Term of this Agreement calculated in accordance with Section
4.2(B). In no case will the calculation of escalation exceed 85% of the County approved general public gate rate (currently $59.94 minus the current CDSDP recycling fee of $12.00), as such fees may be amended.
Prior to adjusting the Contract Rate as a result of any of the circumstances described in Section
4.2(A)(i), the County shall utilize the following remedy: reduce the costs of operating the Disposal System to the extent practicable.
Any adjustments to the Contract Rate permitted by Section 4.2(A)(i) shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized, and shall also reflect, where applicable, the then remaining capacity in the Disposal System. Such adjustment may not reflect circumstances other than the circumstances described in Section 4.2(A)(i).
2. Amended Section 4.2. CONTRACT RATE. (B) Calculation of Escalation. This section is amended in its entirety to read:
SECTION 4.2. CONTRACT RATE. (B) Calculation of Escalation. For purposes of Section 4.2(A)(ii), the Contract Rate shall be adjusted in accordance with the formula described in this Section each July 1 during the term hereof, commencing July 1, 2022. The adjustment shall be calculated in accordance with the following formula:
Contract Rate = Fixed Portion + [Escalating Portion x Index] Where,
Fixed Portion = $10.87
Escalating Portion = $17.63
Index = Price Index, which shall be determined in accordance with the following formula:
I = .7[PPI1/PPI2] +.3[EI1/EI2]
PPI1 = The Producer Price Index, Industrial Commodities Commodity Data, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Series ID WPU03 thru 15 for the month of September in the year prior to the year for which the adjustment is being made (e.g., the adjustment effective July 1, 2011 will use the September 2010 value)
PPI2 = Producer Price Index, Industrial Commodities Commodity Data for the month of September, 1997
EI1 = Employment Cost Index, Total Compensation, Private Industry All Workers, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Series ID:
CIU2010000000000I for the last quarter of the year preceding the year for which the adjustment is being made (e.g., the adjustment effective July 1, 2011 will use the third quarter, 2010 value)
EI2 = Employment Cost Index, Compensation, Private Industry All Workers, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Table 3, established for the third quarter of 1997.
Effective July 1, 2022, and each July 1 thereafter during the term of the Agreement, the Contract Rate adjustment will be calculated as provided above, except that an annual fixed WDA renewal discount adjustment of $0.82 per ton will be applied after the annual Cost of Living Adjustment (COLA) adjustment.
In no case will the adjustment to the Contract Rate exceed 85% of the County’s approved general public gate rate (without the current CDSDP recycling fee of $12.00), as such fees may be amended. For example, the current County’s posted gate rate is $47.94 ($59.94 minus the $12 CDSDP fee). Therefore, the WDA Contract Rate cannot be more than 85% of that rate, which is $40.75. However, if the County adjusts its posted gate rate in any future year of the term of the WDA, the WDA Contract Rate will be adjusted according to the above calculation formula, including the renewal discount adjustment of $0.82 per ton, up to the maximum of 85% of the newly posted gate rate. If the calculated annual adjustment of any year would exceed the 85%, then the capped maximum amount of 85% will be used. If, however, the posted gate rate does not change, and the WDA Contract Rate is already at the capped 85% amount, the WDA Contract Rate will remain the same for the calculated fiscal year. Any decrease in the calculated adjustment to the Contract Rate, calculated according to the above formula, including the renewal discount adjustment, will be applied to the then WDA Contract Rate.
Please note that, due to timing, in future years where the gate rate is recommended to be increased, the WDA rate notification letter may be delayed until final approval of the gate rate by the Board of Supervisors.
If at any time either the Employment Cost Index or the Producer Price Index is no longer published, or are otherwise unavailable, then the COLA shall be determined by using standard official statistics measuring changes to, respectively, labor costs and cost of materials, as the parties shall mutually agree.
3. Amended Section 5.2 CITY CONVENIENCE TERMINATION. This section is amended in its entirety to read:
SECTION 5.2. CITY CONVENIENCE TERMINATION. In exchange for capping the WDA Contract Rate, the City agrees to commit to remaining a WDA City, with no provision to terminate without cause, for the remainder of the WDA Term.
4. Effective Date. This Amendment shall be effective if and only when all fifteen cities/towns listed on Exhibit A have each adopted and executed a counterpart of this Amendment No. 8 (the amendment number may differ for each city/town listed on Exhibit A) and such amendment has been adopted and executed by the County on or before June 30, 2022. In all events, the conditions in the forgoing sentence shall occur otherwise this Amendment No. 8 shall be null and void and without any effect whatsoever.
5. This Amendment may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Amendment.
The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Amendment upon request.
6. Except as modified in this Amendment (or in any prior Amendment(s)) all other terms and conditions of the WDA shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers or representatives as of the day and year first above written.
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Jolena Grider, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Director Date Date Date
SAN BERNARDINO COUNTY City of Big Bear Lake
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
(Print or Type)
By Dated:
Deputy
Address 39707 Big Bear Blvd., P.O. Box 10000
Big Bear Lake, CA 92315
EXHIBIT A
CITIES/TOWNS WITH A WASTE DELIVERY AGREEMENT
WITH THE COUNTY OF SAN BERNARDINO
OFFERED THIS AMENDMENT JUNE 2022
FOR AN AGREEMENT END DATE OF JUNE 30, 2026
1. ADELANTO
2. APPLE VALLEY
3. BARSTOW
4. BIG BEAR LAKE
5. COLTON
6. FONTANA
7. GRAND TERRACE
8. HESPERIA
9. HIGHLAND
10. LOMA LINDA
11. RIALTO
12. TWENTYNINE PALMS
13. VICTORVILLE
14. YUCAIPA
15. YUCCA VALLEY
MEETING
DATE: June 20, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sean Sullivan, Director of Public Services
Jacky Chan, Associate Engineer
SUBJECT: Resolution Authorizing a Bid Solicitation for the Knickerbocker Channel Fence Replacement Project
BACKGROUND
Included in the Fiscal Year 2022-23 Capital Improvement Program budget is a project entitled Knickerbocker Channel Fence Replacement. The Knickerbocker Channel Trail provides a pedestrian and bicycle facility along the channel from the Village to Veterans Park. Along this trail, there are two (2) types of fences, both black wrought iron and chain link, that prevent access to the channel. Portions of the chain link are failing creating both safety concerns and diminished aesthetics. The funding included within the Capital Improvement Program budget is identified to replace approximately 350 linear feet of the failing chain link with the black wrought iron to match the balance of the existing fence.
Staff has prepared plans and specifications for this effort and desires to conduct a bid solicitation for this project. Should the bid solicitation be approved, staff would anticipate an award of contract in August 2022 and the completion of this project in the fall.
DISCUSSION
The Knickerbocker Channel Trail provides for pedestrian and bicycle uses from the Village to Veterans Park. The primary separation of the trail from the wash is black, wrought iron fencing.
This fence provides a sturdy barrier to prevent access to the channel. Along portions of the trail, there is remaining chain link that is failing, leading to potential safety concerns and diminished aesthetics. Staff has prepared plans and specifications for this project that include the replacement of approximately 350 linear feet of fencing to match the existing black wrought iron. The fencing that will be replaced is on the East side of the channel and would stretch from the Knickerbocker Parking Lot to Village Drive.
The proposed resolution will authorize staff to proceed with the appropriate bid solicitation to identify a contractor to complete the designed improvements. Staff anticipates presenting a construction contract for City Council consideration in August 2022 and that work will take place during the 2022 construction season.
FISCAL IMPACT
Funding for this project is included in the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $75,000. Funding is derived from Measure Y Proceeds, which is transient occupancy tax paid by overnight visitors to the City.
ENVIRONMENTAL CONSIDERATIONS
These repairs are categorically exempt from the California Environmental Quality Act (CEQA) under section 15301.C as repair and maintenance of existing bicycle and pedestrian facilities.
RECCOMENDATION
It is recommended that the City Council adopt a Resolution Authorizing a Bid Solicitation for the Knickerbocker Channel Fence Replacement.
ATTACHMENTS
1. Resolution No. 2022-XX
2. Notice of Exemption
3. Photos
ATTACHMENT 1
RESOLUTION NO. 2022-XX
RESOLUTION AUTHORIZING A BID SOLICITATION FOR
THE KNICKERBOCKER CHANNEL FENCE
REPLACEMENT PROJECT
WHEREAS, the Knickerbocker Channel Trail provides a pedestrian and bicycle facility along the Knickerbocker Channel from the Village to Veterans Park; and, WHEREAS, the channel and trail is currently lined with two types of fence, predominantly wrought iron and portions of chain link fence and the existing chain link is failing, creating potential safety hazards and diminished aesthetics; and, WHEREAS, funding is included in the adopted Fiscal Year 2022-23 Capital Improvement Program budget to replace approximately 350 linear feet of fencing along the east side of the channel from the Knickerbocker Parking Lot to Village Drive; and, WHEREAS, funding is included in the Fiscal Year 2022-23 Capital Improvement Program (CIP) budget in the amount of $75,000 from Measure Y; and,
WHEREAS, staff is seeking authorization to complete a bid solicitation and anticipates presenting a construction contract to the City Council in August 2022 so that construction may begin during this construction season; and,
WHEREAS, this project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.C as repair and maintenance of existing bicycle and pedestrian facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council that:
1. Staff is authorized to proceed with the bid solicitation for the Knickerbocker Channel Fence Replacement Project.
2. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.C as repair and maintenance of existing bicycle and pedestrian facilities.
PASSED, APPROVED AND ADOPTED this 20th day of June, 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 20th day of June, 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: Clerk of the Board of Supervisors FROM: Engineering Division County of San Bernardino City of Big Bear Lake
385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000
San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315-8900 Project Title:
Knickerbocker Channel Fence Replacement Project
Project Location - Specific:
APN: 0308-174-33 and 0308-174-35
Description of Project:
The scope of work involves the replacement of existing chain link fence with wrought iron.
Name of Public Agency Approving Project:
City of Big Bear Lake, City Council
Name of Person or Agency Carrying out Project:
City of Big Bear Lake, Engineering Division
Exempt Status: (check one) (State type and section number) XX Categorically Exempt
Section: 15301(c)
Reasons why project is exempt:
CEQA exemptions include the repair and maintenance of existing bicycle and pedestrian facilities.
Lead Agency or Contact Person: Area Code/Telephone/Extension Sean Sullivan, Director of Public Services (909) 866-5831 Date: June 20, 2022
Signature:
______________________________
Sean Sullivan, Director of Public Services
ATTACHMENT 3
Photos of Fence to be Replaced
MEETING
DATE: June 20, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sean Sullivan, Director of Public Services
Jared Cheek, Public Works Operations Manager
Jacky Chan, Associate Engineer
SUBJECT: Resolution Authorizing a Notice of Completion for the Rotary Park Fencing Project
BACKGROUND
Rotary Park is located on the north side of Big Bear Boulevard, between Pine Knot Avenue and Bartlett Road. The park is approximately 0.75 acres in size and includes playground facilities, a public restroom, and a variety of benches, picnic tables, and other amenities. The approved Fiscal Year 2021-22 Capital Improvement Program budget includes proposed improvements to several amenities for Rotary Park including the replacement of furnishings, the reconstruction of a perimeter fence on the site, and the addition of park lighting.
In March, 2022, the City Council awarded a contract to Harris Steel Fence Company, Los Angeles, CA, for the construction of a new perimeter fence around Rotary Park. The contract was in the amount of $52,770 and included the complete construction and installation of a precast concrete fence surrounding Rotary Park. Work commenced on this project on or around April 20, 2022 and was completed to the satisfaction of staff as of May 13, 2022. Staff is recommending that the City Council accept the work of Harris Steel Fence Company for this project and authorize the filing of a Notice of Completion for this project.
DISCUSSION
Harris Steel Fence Company was awarded a contract for the Rotary Park Fencing Project in March 2022. Work commenced on April 20, 2022 and was completed as of May 13, 2022. The project included the construction of new precast concrete fencing surrounding the perimeter of Rotary Park. The total cost of the work was $52,770. It is recommended that the City Council accept the work of Harris Steel Fence Company and authorize the filing of a Notice of Completion. Staff will file the Notice of Completion immediately and release all retained funds from the project (5% of total contract) no sooner than thirty-five (35) days from recordation of said notice.
FISCAL IMPACT
Funding for this project is included in the approved Five-Year Capital Improvement Program with a Fiscal Year 2021-22 budget of $60,000 from Measure Y proceeds. The total completed contract cost for this project was $52,770.
ENVIRONMENTAL CONSIDERATIONS
This project was found to be categorically exempt from the California Environmental Quality Act (CEQA) at the time of the bid solicitation.
RECOMMENDATION
It is recommended that the City Council adopt a Resolution Authorizing a Notice of Completion for the Rotary Park Fencing Project.
ATTACHMENTS
1. Resolution No. 2022-XX
2. Notice of Completion
ATTACHMENT 1
RESOLUTION NO. 2022-XX
RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR
THE ROTARY PARK FENCING PROJECT
WHEREAS, Rotary Park is located along Big Bear Boulevard, between Pine Knot Avenue and Bartlett Road, and the 0.75-acre park has a playground, a public restroom, and several benches, picnic tables, and other amenities; and,
WHEREAS, the approved Fiscal Year 2021-22 budget includes several improvements for Rotary Park, including the replacement of the existing amenities, the installation of new lighting, and the construction of a new perimeter fence; and,
WHEREAS, a contract for the Rotary Park Fencing Project, which includes approximately 530’ linear feet of precast concrete fencing, was awarded to Harris Steel Fence Company, Los Angeles, CA, in March 2022, in the amount of $52,770; and,
WHEREAS, work commenced on or around April 20, 2022 and was completed to the satisfaction of staff as of May 13, 2022; and,
WHEREAS, the total cost of the contract for completion of this project was $52,770; and, WHEREAS, staff is recommending that the City Council accept the work of Harris Steel Fence Company and authorize a Notice of Completion be filed for this project.
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:
1. Staff is authorized to file a Notice of Completion for the Rotary Park Fencing Project with the San Bernardino County Recorder.
2. All retained funds from the project (5% of total contract) shall be released no sooner than thirty-five (35) days from recordation of said notice.
PASSED, APPROVED AND ADOPTED this 20th day of June, 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 20th day of June, 2022 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________
Erica Stephenson, City Clerk
ATTACHMENT 2
RECORDING REQUESTED BY:
Erica Stephenson, City Clerk
WHEN RECORDED, PLEASE MAIL TO:
City of Big Bear Lake
City Clerk
PO Box 10000
Big Bear Lake, CA 92315
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate state below in the property hereinafter described.
2. The FULL NAME of the OWNER is The City of Big Bear Lake
3. The FULL ADDRESS OF THE owner is 39707 Big Bear Blvd., P.O. Box 10000, Big Bear Lake, CA 92315
4. The NATURE of the INTEREST or ESTATE of the undersigned is:
5. Agent of the owner that constructed the improvements.___________________________________
6. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are:
NAMES ADDRESSES
___________________________________________________________________________________________________ ____________________________________________________________________________________________________
7. The full name and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
NAMES ADDRESSES
___________________________________________________________________________________________________ ____________________________________________________________________________________________________
8. A work of improvement on the property hereinafter described was completed May 13, 2022.
9. The work of improvement completed is described as follows: ROTARY PARK FENCING PROJECT.
10. The NAME OF THE ORIGINAL CONTRACTORS, if any, for such work of improvement is HARRIS STEEL FENCE COMPANY.
11. The street address of said property is 40798 BIG BEAR BLVD; APN 0308-151-33.
12. The property on which said work of improvement was completed is in the City of Big Bear Lake, County of San Bernardino, State of California.
Date: ____________________ Signature of Owner or agent of owner ________________________________ Verification for INDIVIDUAL owner ____________________________. I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice that I have read said notice, that I know and understand the contents thereof, and that the facts stated there in are true and correct.
Date and Place (Signature of owner named in paragraph 2) Verification for NON-INDIVIDUAL owner I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the ________________________ of the aforesaid interest or estate in the property described in the above notice that I have read said notice, that I know and understand the contents thereof, and that the facts stated there in are true and correct.
Date and Place (Signature of person signing on behalf of owner)
MEETING
DATE: June 20, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sean Sullivan, Director of Public Services
Israel Gomez-Rosales, Associate Engineer
SUBJECT: Moonridge Corridor Improvements Project Construction Update
BACKGROUND
On June 21, 2021, the City Council awarded a construction contract to Granite Construction Co. (Granite) in the amount of $8,379,649 for the Moonridge Corridor Improvements Project. The project includes comprehensive streetscape improvements along the portion of Moonridge Road from Elm Street to Clubview Drive, including traffic calming roundabouts, widened sidewalks, a bicycle trail, medians and parkways, and improved landscape and amenities throughout the corridor. The project was developed beginning with the Rathbun Creek Sustainability Plan (2017) and an in-depth design process that spanned more than two-years.
Ground broke on the construction effort in the August 2021 with an initial focus on the underground utility work, which is required due to the overall reconfiguration of the streetscape.
Work ceased in November for the winter season and resumed on April 18, 2022. Work is currently on schedule to be completed by the end of the construction season in October 2022.
DISCUSSION
The Moonridge Corridor Improvements Project is a transformational project that will dramatically alter and enhance the portion of Moonridge Road from Elm Street to Clubview. The improvements are years in the making and the extensive engagement and design process developed a project that includes significant improvements such as traffic calming roundabouts, widened sidewalks, a bicycle trail, medians and parkways that will boast extensive landscape improvements, and the placement of other features and amenities throughout. The public, including the stakeholders in the immediate project vicinity, have been engaged throughout both the design and the construction process.
Work is well underway and on target for completion this fall. Staff will provide a presentation to update the construction status and schedule and the additional efforts that are a part of the construction coordination and execution. The primary overview will focus on the construction activities, traffic control, and construction outreach.
Construction Activities
The construction activities will complete the described improvements and are all being coordinated by Granite Construction Company and their designated subcontractors. In addition to the final improvements that the public will see and enjoy, there is also significant related utility work, fortification of the street surface, and other efforts that are not as visible but are critically important to the overall project. Below is a summary of the key construction elements and their progress to this point in the project effort.
Work activities completed to date include:
• Underground utility and drainage improvements including the addition of new storm drain facilities and the relocation of potable water lines and fire hydrants. • Demolition of the primary corridor roadway, sidewalks and infrastructure. The existing roadway has been removed down to base material and all existing sidewalks and other infrastructure have been removed within the corridor area. • Rough grading of the roadway and concrete layout is underway. • Concrete curb construction is completed.
The remaining efforts that are anticipated during this construction process are:
• Grading of the roadway is nearly completed.
• Cement treating of the existing base and subgrade. This area has a high presence of groundwater so the cement treated base process will ensure the structural stability of the improvements. This work will take place, approximately, between June 20 and July 1. • Paving of the primary corridor, between Elm Street and Clubview Drive, will take place by the end of July.
• Once the paving of the primary corridor is completed, the work activities will switch to the construction of the roundabouts.
• As the project continues, landscaping, electrical, and amenities will be installed and constructed within the project area.
These improvements are all presently on schedule and targeted for completion by October.
Traffic Control
Traffic control for the initial phase of this work has allowed Moonridge Road to remail closed between Elm Street and Clubview Drive, providing a safe and efficient environment for this work to take place. As the corridor is closed around the clock, there are considerable efficiencies gained in the construction process by not having to secure or modify elements of the worksite on a daily basis. As the traffic currently flows, vehicles are able to utilize a combination of Elm Street, Peregrine Avenue, Rathbun Drive, and Clubview Drive to move around the Moonridge Corridor.
Staff’s impression is that as these traffic control elements have been in place for nearly two (2) months, motorists have gotten used to them and they are working well. Staff has maintained considerable communication with the businesses and residential properties within this area and made additional efforts and considerations to alleviate the construction and traffic impacts.
As the work effort transitions to the constructions of the roundabouts, the traffic control will also need to be adjusted. The most critical impact is that the effort to construct the roundabout at Moonridge Road and Elm Street will create a situation that will close the road on Moonridge at Elm for the estimated two (2) months of this effort. During this time, staff will be encouraging the use of detours that will include Fox Farm Road, McCallister Road, and Catalina Road.
Additionally, staff is working with some private property owners to explore the possibility of obtaining temporary construction easements to allow for alternative traffic flows and movements during this period. These efforts are anticipated to begin no sooner than July 18th and as staff finalizes the detour plans and options, they will be advertised and communicated through a number of channels including through the City’s website and email communications. Additionally, staff will provide further updates to the City Council and will seek approval, as necessary, of any temporary construction easements at a future meeting.
Construction Outreach
Staff from the Public Services Department continues to engage with the community on this project.
Project update emails are sent every couple of weeks, depending on the impacts and changes to information that the public needs to be made aware of. Staff is responsive to all calls and emails that come into the office related to this project. Additionally, staff continues to update the project webpage and push information out through the Grizzly, social media, and other resources.
Staff maintains a consistent presence in the working area as work is taking place and has developed rapport and relationships with many of the residents and business owners along the corridor. Often times, updates are provided and issues are addressed through this in field contact.
Furnishings, Fixtures, and Amenities
In January 2022, staff presented for City Council consideration several options for various furnishings, fixtures, and amenities to be installed along the corridor. The items included streetlights, benches, trash receptacles, bicycle racks, and signage, amongst others. At that meeting, the review and ultimate selection of these items was assigned to a subcommittee for this purpose which was comprised of Mayor Pro Tem Mote and Councilmember Melnick. Staff subsequently met with this subcommittee and decisions were made on these items. Staff continues to engage with Mayor Pro Tem Mote and Councilmember Melnick as the amenities are finalized and ordered.
FISCAL IMPACT
The approved project budget for the Moonridge Corridor Improvements Project is $9,000,000 and is funded through several sources including Measure I, transient occupancy tax paid by overnight visitors to the City, and American Rescue Plan Act Funds. At present, the project expenses remain in alignment with the adopted budget.
ENVIRONMENTAL CONSIDERATIONS
This report requires no review pursuant to the California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the City Council receive a report and presentation on the construction schedule and impacts associated with the Moonridge Corridor Improvement Project and provide feedback or questions on the construction status.
ATTACHMENT
None
MEETING
DATE: June 20, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sean Sullivan, Director of Public Services
SUBJECT: Update and Overview of Due Diligence Activities Related to the Ground Lease of Bear Valley Mutual Water Company Property
BACKGROUND
On November 1, 2021, the City Council considered and approved a 99-year ground lease for approximately 19-acres of property from the Bear Valley Mutual Water Company. This property fronts Big Bear Boulevard, has approximately a half-mile of lake frontage, and presently includes two (2) commercial restaurants, two (2) single family dwelling units, and a fifty-nine (59) space mobile home park. Under the terms of the lease agreement, the City would assume complete management rights and responsibilities for the site, including all existing leases as well as any future development or redevelopment to take place on the site. The City will remit a yearly lease payment of $100,000 (with a 2% annual escalator) to Bear Valley Mutual Water Company.
The lease agreement, which was approved on November 1, 2021 and executed on December 8, 2021, allows for a six-month due diligence period commencing on the effective date. Pursuant to the terms of the initial agreement, the due diligence period was set to expire on June 8, 2022. As the process unfolded staff identified additional efforts to cover through the due diligence period and requested an extension from Bear Valley Mutual that was graciously offered through July 2022. On May 16, 2022, the City Council accepted the offered extension to the due diligence period and authorized additional professional services agreements and funds to support the activities. Per the amended agreement, the due diligence period is now effective through July 30, 2022 at which point the City will either transition into the next stage of the lease agreement or withdraw from the agreement. Staff is preparing to present a summary of the findings of the due diligence process and a request for City Council action at the meeting scheduled for July 18, 2022.
DISCUSSION
The purpose of the due diligence period, for any agreement related to property, is to allow the potential lessee, in this case the City of Big Bear Lake, the opportunity to perform an extensive investigation and review of the condition of the property. Typically, the due diligence period may include review of the boundaries and title reports, Phase I and Phase II (if required) environmental site assessments, review of the physical condition of the property, and research of any related entitlements or permits. Additional review may include a feasibility or economic study associated with the anticipated uses of the site. Ultimately, this period should allow for any and all fact finding, research, and physical review of the property.
In the immediate period beginning with the lease execution in December 2021, staff initiated the following activities:
• Engineering Review- The City’s consulting civil engineers and land surveyors reviewed the existing property maps and title reports to identify any issues or title concerns. New legal descriptions of the parcels were developed for inclusion in the lease agreement. • Phase I Environmental Site Assessment –Essel Environmental was retained to complete a Phase I Environmental Site Assessment. This assessment included a comprehensive review of the history of the site based upon all available records and documentation in addition to a visual inspection of the site to determine the presence of any environmental conditions or concerns. The Phase I review found no recognized environmental condition connected with, associated with, or present within the site.
• Site Review – Staff has spent considerable time on the property, accompanied by the current property manager and those familiar with the site including service providers such as electricians and plumbers to understand the conditions of the site and any concerns with the facilities.
• Fiscal / Operation Review – Staff reviewed the available financial information to conduct an analysis of the known revenues and expenses related to operating the site and the associated uses.
In May 2022, staff coordinated an extension to the due diligence period with Bear Valley Mutual Water Company through July 30, 2022 to coordinate additional review activities to better inform the deliberative process associated with the potential ground lease of the property. The City Council accepted the gracious extension offer from Bear Valley Mutual Water Company and authorized staff to undertake the following activities:
Phase II Environmental Site Assessment
The City Attorney encouraged staff to conduct a Phase II Environmental Site Assessment despite the Phase I coming back clean and indicating that a Phase II was not necessary. The City Attorney cited the length of the agreement as the primary reason that the City ought to be as thorough as possible in investigating environmental conditions. On May 16, the City Council approved an agreement with Essel Environmental to complete the Phase II Environmental Site Assessment.
The scope of work for a Phase II Environmental Site Assessment includes the collection of soil, groundwater and surface water samples for review and analysis to determine the presence of materials that may indicate environmental hazards or concerns on the site. The total collection includes sixteen (16) ground soil samples, six (6) groundwater samples, and two (2) surface water samples from the shoreline with Big Bear Lake. The samples will be collected throughout the site to provide a comprehensive sample of the extent of the 19-acres.
The samples will be collected by June 24, 2022 and sent to a laboratory for comprehensive analysis. Staff anticipates the delivery of the final report on or around July 8, 2022.
Additional Analysis by a Mobile Home Park Consultant
Within the 19-acre site is a mobile home park that comprises approximately 7-acres and represents the most significant existing usage across the site. The mobile home park, known as Leisure Bear, maintains 59 units that generally serve as full time residences to those residing in the park. Given the significance of the mobile home park, it will be a key element of any plans associated with future usage or development of the site and it is critical to develop a comprehensive understating of the site and facilities. It was determined that this effort would be best supported by a consultant with experience and understanding of mobile home park operations.
On May 16, 2022, the City Council approved a professional services agreement with the Caritas Corporation for the review of finances, operations, and physical condition of the mobile home park for the City’s consideration as a part of the due diligence effort. The Caritas Corporation is a nonprofit corporation with extensive experience in affordable housing and mobile home park operations throughout California. Caritas owns and operates more than twenty (20) mobile home parks in California and additional facilities in Oregon. The team from Caritas is providing a detailed analysis and assessment of the site and associated operations.
Staff believes that given the sensitivity and concerns associated with the mobile home park, Caritas’ position as a nonprofit with this experience is a good fit for the City’s efforts associated with the mobile home park. Caritas describes themselves with their mission being Caritas, as a nonprofit, unites people with a purpose to preserve affordable communities that uplift and empower our residents. With this approach, Caritas is looking at this assignment through the lens they would use for any site that they are considering acquiring or investing in and is assuming sustained operation of the mobile home park. Caritas will deliver a report to the City by June 24, 2022 that presents their findings and recommendations associated with the park for the City’s consideration while deliberating the elements of the potential ground lease.
Update and Overview
As a part of this Agenda Item, staff will present an overview of the due diligence efforts that have been undertaken to date, with a focus on the steps, the efforts, and the activities. Staff will also be joined by representatives from the Caritas Corporation to provide background of their firm and experience as well as an overview of their efforts and process to date. The presentation will not present any findings but, instead, will focus on additional background in preparation for the anticipated presentation on July 18.
FISCAL IMPACT
On May 16, the City Council appropriated $60,000 in Measure Y proceeds to fund the identified agreements and other efforts and expenses associated with the due diligence effort.
ENVIRONMENTAL CONSIDERATIONS
This report does not require review pursuant to the California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the City Council receive this report and presentation on the due diligence activities associated with the Bear Valley Mutual Water Company property and provide feedback or any questions on this matter.
ATTACHMENT
None