Agenda packet — Big Bear Lake City Council, July 18, 2022

CITY COUNCIL

REGULAR MEETING AGENDA
JULY 18, 2022
Closed Session: 4:15 pm, Training Room, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 Open Session: 6:00 pm, Hofert Hall, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 __________________________________________________________________________________________

COUNCILMEMBERS

MAYOR RICK HERRICK

MAYOR PRO TEM BYNETTE MOTE

COUNCILMEMBER ALAN LEE

COUNCILMEMBER PERRI MELNICK

COUNCILMEMBER RANDALL PUTZ

CITY STAFF

INTERIM CITY MANAGER JEFF MATHIEU

CITY ATTORNEY STEPHEN DEITSCH

CITY CLERK ERICA STEPHENSON
Please Note: Agenda items may be moved at the discretion of the City Council.

The public is encouraged to submit written public communications about any item on this meeting agenda, or about any subject matter within the jurisdiction of the City, to the City Clerk in person, via mail or by email at [email protected]. If your comment is related to a specific Agenda item, please identify the Agenda item in the header of your letter or the subject line of your email. All written communications received by the City Clerk prior to the meeting will be distributed to the City Council prior to the start of the meeting, however, the public is encouraged to submit comments by 8:00 am on the day of the meeting to ensure adequate time for Council review and consideration.

OPEN SESSION

CLOSED SESSION PUBLIC COMMUNICATIONS
Any member of the public is entitled to speak on Closed Session Agenda items. If you wish to address any other items listed on the Agenda, you must do so during Open Session.

CLOSED SESSION

1. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957 Title of Position to be filled: City Manager

OPEN SESSION

CALL TO ORDER

PLEDGE OF ALLEGIANCE

INVOCATION

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Invocation will be led by Pastor Eric Hoerger from Believer’s Chapel.

ROLL CALL

RESULTS OF CLOSED SESSION

PRESENTATIONS
• Introduction of New City Employees:
 Kyle Benalcazar, Administrative Assistant – Community Development Department  Alicia Greek, Administrative Assistant – Support Services Department  Kathrine Henderson, Administrative Assistant – Public Services Department  Elsa Montes, Administrative Analyst – Administrative Services Department

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 06/10/2022 THROUGH 06/23/2022 IN THE AMOUNT OF $866,840.58 AND THE MAY 2022 TREASURER’S REPORT

1.2 RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR THE ROTARY PARK

LIGHTING PROJECT
City Council will consider a formal resolution accepting the improvements and authorizing the Notice of Completion for the Rotary Park Lighting Project. Included in the Fiscal Year 2021-22 Capital Improvement Program budget were various improvements to Rotary Park, including the construction of new lighting within the park. A contract for the lighting improvements was awarded to 3P Construction, Menifee, CA, in March 2022. As of June 24, 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 3P Construction and authorize the filing of a Notice of Completion for the Rotary Park Lighting Project. Work is ongoing at Rotary Park and it is anticipated that the remaining landscaping improvements will be completed this summer.

1.3 RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR THE CIPP SEWER LINING

PROJECT
City Council will consider a formal resolution accepting the improvements and authorizing a Notice of Completion for the CIPP Sewer Lining Project. Included in the Fiscal Year 2021-22 Capital Improvement Program budget was a project to perform lining of sanitary sewer mains utilizing a cured-in-place-pipe (CIPP)

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July 18, 2022 - Page 3
process. On May 2, 2022, the City Council awarded a contract to Sancon Engineering, Inc. to complete this project that would perform this lining process, and all appurtenant work, across approximately 2,900 linear feet of sanitary sewer main. As of June 16, 2022, this work has been successfully completed and is recommending the acceptance of the improvement. Staff is recommending that the City Council accept the work of Sancon Engineering, Inc. and authorize the filing of a Notice of Completion.

1.4 RESOLUTION AMENDING FISCAL YEAR 2021-22 MEASURE I EXPENDITURE PLAN AND RESOLUTION APPROVING THE FISCAL YEAR 2022-23 MEASURE I FIVE-YEAR CAPITAL

IMPROVEMENT PLAN
City Council will consider two formal resolutions approving the filing of expenditure plans associated with the expenditure of Measure I funds. Measure I is a San Bernardino County sales tax that was originally approved by the voters in 1989 and extended by the voters in 2004 that collects one-half of one percent on all sales transactions to provide support for roadway improvement and transportation projects throughout the County. Annually, the city receives approximately $400,000 in local return funds from Measure I that are expended on the Annual Street Rehabilitation Project. A condition of receiving the funding is that the City annually submits expenditure plans and maintains a Five-Year Capital Improvement Plan. The proposed resolutions approve administrative amendments to the Fiscal Year 2021-22 expenditure plan and authorize the submittal of the Fiscal Year 2022-27 Five-Year Capital Improvement Plan.

1.5 RESOLUTION AUTHORIZING BEST BEST & KRIEGER TO PROVIDE 2022 ELECTION

OFFICIAL SUPPORT SERVICES
City Council will consider a formal resolution authorizing the City’s law firm, Best Best & Krieger (BB&K), to provide the City with Election Official Support Services to be performed throughout the duration of the current election cycle.

1.6 VERIFICATION OF SUFFICIENCY OF SIGNATURES FOR PETITION ENTITLED “PETITION FOR RECALL” FOR COUNCILMEMBER ALAN LEE AND CONSIDERATION OF ADDITIONAL

COUNCIL ACTIONS RELATED TO THE PETITION
City Council will receive, file and accept a Certificate of Sufficiency of a Local Initiative Petition seeking removal of Councilmember Alan Lee. The City Council will also consider calling a recall election for Councilmember Alan Lee. Pursuant to Elections Code Sections 1100 and 11242, the recall election shall be held on a Tuesday that is not on, before or after a State holiday, and which is not less than 88, nor more than 125, days after the issuance of the order calling the election. Further, if a regular or special election is already scheduled to be held throughout the City within this time period, the recall election must be held on the same day as that regular or special election. Given that the upcoming November 8, 2022 General Municipal Election falls within these time parameters, the Elections Code requires the Council to call the recall election for that date. The Council may defer its decision up to 14 days from this meeting. However, if the Council does not call the special recall election by August 1, 2022 (14 days after this meeting), Elections Code Section 11241 requires the County Registrar to set the date for the election within five (5) days after – which would still result in a recall election on November 8, 2022.

ITEMS REMOVED FROM THE CONSENT CALENDAR

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July 18, 2022 - Page 4

2. PUBLIC HEARINGS
Any person may appear and be heard in support or in opposition to the proposal at the time of the hearing. If you challenge the action in court or an administrative proceeding, you may be limited to raising only those issues which you or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City at or before the public hearing.

2.1 WITHDRAWAL OF APPEAL OF PLANNING COMMISSION DECISION TO DENY MINOR MODIFICATION 2021-136, NOON LODGE REQUEST FOR LARGE OUTDOOR GATHERINGS AT 214 LAGUNITA LANE (APN 307-061-27)
City Council previously continued the appeal, at the request of the appellant, from May 16, 2022 to July 18, 2022. The appellant has since withdrawn the appeal, so no further action is necessary, and the Planning Commission’s decision is final.

2.2 PUBLIC HEARING AND RESOLUTION APPROVING A SOLID WASTE FRANCHISE AGREEMENT WITH BIG BEAR DISPOSAL, INC. AND ADOPTING THE SOLID WASTE RATES
City Council will conduct a Public Hearing, accept public testimony, and consider a Resolution Approving a Solid Waste Franchise Agreement with Big Bear Disposal, Inc. and Adopting the Solid Waste Rates. Solid waste collection services have been provided by Big Bear Disposal since 1991 and their most recent franchise agreement expired on June 30, 2022. Over the past eighteen (18) months staff has worked to assess current solid waste services and review potential service enhancements while also considering the changing legislative landscape to accommodate compliance with SB 1383. Staff, aided by representatives from Big Bear Disposal, stakeholders and technical consultants developed a revised scope of work for updated services.

Staff utilized the revised scope of work to conduct a Request for Information process to identify perspective haulers and conducted a market survey and rate analysis. On May 2, 2022, the City Council reviewed staff’s efforts and authorized them to negotiate the final form of a franchise agreement for these services for the period through June 30, 2034. Furthermore, on May 2, 2022, the City Council adopted a resolution authorizing staff to proceed with a Proposition 218 proceeding to adopt new maximum rates for service. It is recommended that the City Council: (1.) Open a public hearing and receive public testimony relative to the approval of a Franchise Agreement with Big Bear Disposal for the period August 1, 2022 through June 30, 2034 and (2.) Open a public hearing, receive public testimony, and tabulate any written protests to determine if a majority protest exists against the proposed solid waste rates. At the conclusion of the Public Hearings, staff is recommending that this item be continued to the City Council meeting scheduled for August 1, 2022 for consideration.

2.3 RESOLUTION APPROVING THE PLACEMENT OF SEWER AND REFUSE FEES ON THE FY 2022-23 TAX ROLL
City Council will conduct a public hearing to receive comments regarding the placement of sewer and refuse fees on the FY 2022-23 tax roll and will consider a formal resolution to determine the amount of Sewer User, Sewer Standby, and City Refuse Fees to be collected via the tax roll. This action does not include the establishment and collection of fees associated with the solid waste franchise agreement.

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July 18, 2022 - Page 5

3. DISCUSSION/ACTION ITEMS

3.1 RESOLUTION ACCEPTING THE DUE DILIGENCE EFFORTS AND PROCEEDING WITH THE GROUND LEASE FOR 19-ACRES OF PROPERTY FROM THE BEAR VALLEY MUTUAL

WATER COMPANY
City Council will consider a resolution accepting the due diligence efforts and proceeding with the ground lease of 19-acres of property from Bear Valley Mutual Water Company. In November 2021, the City Council approved the entering into a 99-year ground lease with Bear Valley Mutual Water Company for approximately 19-acres of property located between Big Bear Boulevard and Big Bear Lake. The property presently includes a mobile home park, two commercial restaurant pads, a vacant commercial building, two residential parcels, and extensive open space that the City is considering for future park development and other potential development opportunities. The lease agreement was executed on December 8, 2021, and included a due diligence period for staff to conduct a thorough review and analysis of the site. The due diligence period was amended to expire on July 30, 2022. Staff will present an overview of the due diligence findings and recommend that the City Council authorize the consummation of the lease agreement as executed in December 2021.

3.2 CITY COUNCIL DIRECTION REGARDING A BALLOT MEASURE TO INCREASE TRANSIENT OCCUPANCY TAX FROM 8% to 9% EFFECTIVE JANUARY 1, 2024 AND FROM 9% TO 10% EFFECTIVE JANUARY 1, 2025
Council approved Resolution No. 2022-70 placing a measure on the November 8, 2022 ballot to increase Transient Occupancy Tax (TOT) and setting rules and deadlines for filing written arguments and rebuttals regarding the measure. Council will discuss and consider a motion to appoint an individual Councilmember to draft and file the argument.

3.3 UPDATE FROM COUNCIL APPOINTED AD HOC COMMITTEE FOR A COMPROMISE

VACATION RENTAL ORDINANCE
City Council approved the Council appointed Ad Hoc Committee workplan to draft a compromised amendment to the City’s Vacation Rental Ordinance. Councilmember Melnick and Councilmember Putz will provide an update regarding the Ad Hoc Committee’s progress and efforts to date. Council will then discuss and provide input to the Ad Hoc Committee regarding the draft Vacation Rental Ordinance, the Committee’s Work Plan and other related items.

3.4 MOONRIDGE CORRIDOR IMPROVEMENTS PROJECT CONSTRUCTION UPDATE AND

RESOLUTIONS APPROVING A TEMPORARY CONSTRUCTION EASEMENT FOR

IMPROVED CONSTRUCTION ACCESS AND APPROVING A CHANGE ORDER FOR THE

INSTALLATION OF ELECTRICAL RECEPTACELS ALONG THE COORIDOR

IMPROVEMENTS AREA
City Council will receive a report on the progress and status of the Moonridge Corridor Improvements Project, for which a construction contract was awarded to Granite Construction Company in June 2021.

Work resumed from a winter hiatus in April 2022 and is on schedule for completion by October 2022. City Council will consider a resolution approving a temporary construction easement with the owners of 42488 Moonridge Road to develop a temporary bypass road for improved access during the next phase of construction. As work to construct the roundabouts commences during the week of August 1, the

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July 18, 2022 - Page 6
construction impacts will hinder access along Moonridge Road. Staff has negotiated a temporary construction easement with the owners of an adjacent property that will allow for the construction of a temporary bypass road to allow for vehicular access to the Moonridge area. Also, the City Council will consider a resolution authorizing a change order with Granite Construction Company for the installation of electrical receptacles along the corridor, which will allow for future decorations, events, and other uses.

Staff will continue to provide updates on the status of this transformational project through its anticipated October completion.

4. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS

4.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS

4.2 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 14th day of July 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
83916 San Bernardino County Sheriff's Dept 06/15/2022 213,995.68 83917 City of Big Bear Lake Dept of Water & Power 06/15/2022 2,734.25 83918 All Protection Alarm 06/15/2022 1,847.62
83919 Bay City Equipment Industries 06/15/2022 5,652.33 83920 BMI ‐ Broadcast Music Inc. 06/15/2022 391.00
83921 Bear Valley Electric 06/15/2022 7,325.02
83922 Charter Communications Holdings, LLC 06/15/2022 2,219.99 83923 Cintas Corporation 06/15/2022 326.48
83924 Frontier Communications 06/15/2022 2,611.93
83925 Hinderliter de Lamas & Assoc Inc. 06/15/2022 1,381.36 83926 Montoya's Wholesale Nursery Inc 06/15/2022 6,465.00 83927 MTech, Inc. 06/15/2022 3,705.00
83928 Quill Corporation 06/15/2022 1,317.71
83932 Butchers Blocks & Building Materials 06/22/2022 971.70 83933 Lumber City Corp. 06/22/2022 139.41
83934 Grainger Inc. 06/22/2022 82.13
83935 Mission Linen Supply Inc. 06/22/2022 109.08
83936 San Bernardino County Clerk of the Board of Supervisors 06/23/2022 50.00 83938 Addiction Medicine Consultants, Inc 06/23/2022 51.00 83939 Big Bear Chamber of Commerce 06/23/2022 19.98
83940 Big Bear Disposal Inc 06/23/2022 881.38
83941 Best Best & Krieger LLP 06/23/2022 35,953.17
83942 Big Bear Paint Center 06/23/2022 417.51
83943 Big Bear Vacations 06/23/2022 2,500.00
83944 Bear City Glass Co Inc 06/23/2022 256.75
83945 Peter Joseph Bucknam 06/23/2022 2,593.00
83946 Bear Valley Electric 06/23/2022 434.82
83947 Bear Valley Printing Inc 06/23/2022 896.65
83948 CALED 06/23/2022 350.00
83950 Charter Communications Holdings, LLC 06/23/2022 289.96 83951 Cintas Corporation 06/23/2022 1,230.72
83952 Conklin Paint & Supplies, Inc. 06/23/2022 11.76
83953 Daily Press LLC 06/23/2022 561.37
83954 Dapeer Rosenblit & Litvak LLP 06/23/2022 2,246.50 83955 Fidelity National Title Company 06/23/2022 2,500.00 83956 Fisher Integrated, Inc. 06/23/2022 1,200.00
83957 Extra Space Management Inc 06/23/2022 663.00
83959 The Grizzly 06/23/2022 2,040.18
83960 Haaker Equipment Co. Inc. 06/23/2022 496,095.12
83962 LOR Geotechnical Group, Inc. 06/23/2022 1,379.40
83963 Lynn Merrill And Associates, Inc. 06/23/2022 710.42 83964 Mile High Equipment, Inc. 06/23/2022 2,240.00
83965 Mission Linen Supply Inc. 06/23/2022 674.78
83966 Montoya's Wholesale Nursery Inc 06/23/2022 4,848.75 83968 Mountain Trophy & Pro Shop 06/23/2022 90.51
83969 Nativescapes, Inc. 06/23/2022 14,625.00
83970 Rochester Midland Corporation 06/23/2022 611.64
83971 Southwest Gas Corporation 06/23/2022 2,081.32
83973 Triple Crown Products, Inc. 06/23/2022 464.97
City of Big Bear Lake
Checks Issued 06/10/2022 ‐ 06/23/2022
Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 06/10/2022 ‐ 06/23/2022
83974 Twin Bear Equipment Rental, Inc. 06/23/2022 870.23 83975 United Rentals (North America), Inc 06/23/2022 4,557.87 83976 Verizon Wireless 06/23/2022 1,895.58
83977 Waxie Sanitary Supply Inc. 06/23/2022 155.05
83978 Willdan Engineering Inc 06/23/2022 29,116.50
866,840.58
Check# Vendor/Employee Transaction Amount
City Manager 4120
83943 Big Bear Vacations Interim City Manager Housing 06/23/2022 2,500.0083976 Verizon Wireless Cell Phone Service 06/23/2022 56.36 City Manager Total 2,556.36
City Clerk 4130
83959 The Grizzly Legal Notices 06/23/2022 1,897.0083968 Mountain Trophy & Pro Shop Name Plates 06/23/2022 12.9383976 Verizon Wireless Cell Phone Service 06/23/2022 60.76 City Clerk Total 1,970.69
Finance 4140
83925 Hinderliter de Lamas & Assoc Inc. Sales Tax Consulting Services 06/15/2022 1,381.36 83968 Mountain Trophy & Pro Shop Name Plates 06/23/2022 25.8683976 Verizon Wireless Cell Phone Service 06/23/2022 15.93 Finance Services Total 1,423.15
Human Resources 4150
83938 Addiction Medicine Consultants, Inc DOT Testing 06/23/2022 51.0083953 Daily Press LLC Recruitment Expense 06/23/2022 561.3783959 The Grizzly Legal Notices 06/23/2022 143.1883976 Verizon Wireless Cell Phone Service 06/23/2022 13.65 Human Resources Total 769.20
City Attorney 4170
83941 Best Best & Krieger LLP Professional Legal Services 06/23/2022 35,953.17 City Attorney Total 35,953.17
Traffic Safety 4230
83921 Bear Valley Electric Electricity Usage 06/15/2022 556.71 83946 Bear Valley Electric Electricity Usage 06/23/2022 381.12 PW: Traffic Safety Total 937.83
Law Enforcement 4250
83916 San Bernardino County Sheriff's Dept Quarterly Sheriff Expenses & Cal ID Assessment Fee 06/15/2022 213,995.68 83927 MTech, Inc. COPS Grant Equipment Purchase 06/15/2022 3,705.00 Law Enforcement Total 217,700.68
Animal Regulation 4260
83940 Big Bear Disposal Inc Storage Container 06/23/2022 109.89 Animal Regulation Total 109.89
Engineering 4310
83936 San Bernardino County Clerk of the Board of Supervisors Recording Fees 06/23/2022 50.00 83945 Peter Joseph Bucknam Pavement Management Program Services 06/23/2022 2,593.00 83955 Fidelity National Title Company Condition of Title Report Guarantee 06/23/2022 2,500.00 83968 Mountain Trophy & Pro Shop Name Plates 06/23/2022 12.93 83973 Triple Crown Products, Inc. Safety Clothing 06/23/2022 242.48 83976 Verizon Wireless Cell Phone Service 06/23/2022 83.51 83978 Willdan Engineering Inc Professional Services 06/23/2022 714.00 Engineering Total 6,195.92
City of Big Bear Lake
Expenditure By Department
Checks Issued 06/10/2022 ‐ 06/23/2022
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 06/10/2022 ‐ 06/23/2022
Street Maintenance 4320
83922 Charter Communications Holdings, LLC Cable Service 06/15/2022 77.01 83932 Butchers Blocks & Building Materials Materials/Supplies 06/22/2022 67.72 83934 Grainger Inc. Materials/Supplies 06/22/2022 82.1383935 Mission Linen Supply Inc. Laundry Service 06/22/2022 ‐295.78 83942 Big Bear Paint Center Materials/Supplies 06/23/2022 61.40 83947 Bear Valley Printing Inc Signs 06/23/2022 51.78
83951 Cintas Corporation First Aid Supplies 06/23/2022 732.8183952 Conklin Paint & Supplies, Inc. Materials/Supplies 06/23/2022 11.76 83957 Extra Space Management Inc Storage Rental Spaces 06/23/2022 663.00 83964 Mile High Equipment, Inc. Materials/Supplies 06/23/2022 2,240.00 83965 Mission Linen Supply Inc. Laundry Service 06/23/2022 269.92 83970 Rochester Midland Corporation Janitorial Supplies 06/23/2022 152.91 83973 Triple Crown Products, Inc. Safety Clothing 06/23/2022 222.49 83974 Twin Bear Equipment Rental, Inc. Equipment Rental 06/23/2022 870.2383975 United Rentals (North America), Inc Equipment Rental 06/23/2022 4,557.8783976 Verizon Wireless Cell Phone Service 06/23/2022 194.57 83977 Waxie Sanitary Supply Inc. Janitorial Supplies 06/23/2022 38.76 PW: Street Maintenance Total 9,998.58
Vehicle Maintenance 4325
83917 City of Big Bear Lake Dept of Water & Power Water Usage 06/15/2022 154.60 83921 Bear Valley Electric Electricity Usage 06/15/2022 37.76 83935 Mission Linen Supply Inc. Laundry Service 06/22/2022 33.73 83965 Mission Linen Supply Inc. Laundry Service 06/23/2022 33.73 83971 Southwest Gas Corporation Natural Gas Usage 06/23/2022 323.28 PW: Vehicle Maintenance Total 583.10
Street Lighting 4330
83921 Bear Valley Electric Electricity Usage 06/15/2022 358.96 83946 Bear Valley Electric Electricity Usage 06/23/2022 53.70 PW: Street Lighting Total 412.66
Parking Lots / Chamber Building 4335
83917 City of Big Bear Lake Dept of Water & Power Water Usage 06/15/2022 338.75 83921 Bear Valley Electric Electricity Usage 06/15/2022 822.02 83939 Big Bear Chamber of Commerce Natural Gas Usage 06/23/2022 19.98 83940 Big Bear Disposal Inc Portable Restroom Rentals 06/23/2022 670.48 83970 Rochester Midland Corporation Janitorial Supplies 06/23/2022 152.91 83977 Waxie Sanitary Supply Inc. Janitorial Supplies 06/23/2022 38.76 PW: Parking Lots/Chamber Total 2,042.90
Planning 4410
83948 CALED Membership Renewal 06/23/2022 350.0083978 Willdan Engineering Inc Professional Services 06/23/2022 1,822.50 Planning Total 2,172.50
Tourism Registration / Administration 4414
83928 Quill Corporation Office Supplies 06/15/2022 223.89 Tourism Registration / Administration Total 223.89
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 06/10/2022 ‐ 06/23/2022
Tourism & Municipal Code Compliance 4415
83954 Dapeer Rosenblit & Litvak LLP Professional Legal Services 06/23/2022 2,246.50 83968 Mountain Trophy & Pro Shop Name Plates 06/23/2022 38.79 83976 Verizon Wireless Cell Phone Service 06/23/2022 195.75 Tourism & Municipal Code Compliance Total 2,481.04
Building & Safety 4430
83976 Verizon Wireless Cell Phone Service 06/23/2022 76.00 83978 Willdan Engineering Inc Professional Services 06/23/2022 26,580.00 Building & Safety Total 26,656.00
PAC Administration 4610
83976 Verizon Wireless Cell Phone Service 06/23/2022 9.10 PAC Administration Total 9.10
City Parks & Trails 4625
83917 City of Big Bear Lake Dept of Water & Power Water Usage 06/15/2022 1,226.60 83921 Bear Valley Electric Electricity Usage 06/15/2022 1,666.95 83932 Butchers Blocks & Building Materials Materials/Supplies 06/22/2022 127.34 83933 Lumber City Corp. Materials/Supplies 06/22/2022 97.3683947 Bear Valley Printing Inc Armed Forces Banners 06/23/2022 844.87 83950 Charter Communications Holdings, LLC Security Camera Internet Service 06/23/2022 289.96 83970 Rochester Midland Corporation Janitorial Supplies 06/23/2022 152.9183977 Waxie Sanitary Supply Inc. Janitorial Supplies 06/23/2022 38.76 City Parks & Trails Total 4,444.75
General Government 4800
83918 All Protection Alarm Alarm Monitoring 06/15/2022 1,847.62 83922 Charter Communications Holdings, LLC Cable Service 06/15/2022 2,023.00 83923 Cintas Corporation First Aid Supplies 06/15/2022 326.4883924 Frontier Communications Telephone Service 06/15/2022 2,006.8083928 Quill Corporation Office Supplies 06/15/2022 1,093.8283976 Verizon Wireless Cell Phone Service 06/23/2022 6.81 General Government Total 7,304.53
Information Technology 4810
83956 Fisher Integrated, Inc. Video Streaming 06/23/2022 1,200.00 83976 Verizon Wireless Cell Phone Service 06/23/2022 679.41 Technology Services Total 1,879.41
Civic Center 4820
83917 City of Big Bear Lake Dept of Water & Power Water Usage 06/15/2022 425.50 83922 Charter Communications Holdings, LLC Security Camera Internet Service 06/15/2022 119.98 83932 Butchers Blocks & Building Materials Materials/Supplies 06/22/2022 26.58 83935 Mission Linen Supply Inc. Laundry Service 06/22/2022 47.23 83965 Mission Linen Supply Inc. Laundry Service 06/23/2022 47.23 83970 Rochester Midland Corporation Janitorial Supplies 06/23/2022 152.91 83971 Southwest Gas Corporation Natural Gas Usage 06/23/2022 213.36 83976 Verizon Wireless Cell Phone Service 06/23/2022 49.35 83977 Waxie Sanitary Supply Inc. Janitorial Supplies 06/23/2022 38.77 Civic Center Total 1,120.91
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 06/10/2022 ‐ 06/23/2022
PAC Operations & Maintenance 4821
83920 BMI ‐ Broadcast Music Inc. Performing Arts Center General Licensing 06/15/2022 391.00 83971 Southwest Gas Corporation Natural Gas Usage 06/23/2022 57.80 83976 Verizon Wireless Cell Phone Service 06/23/2022 45.50 PAC Operations & Maintenance Total 494.30
Sanitation 250
83917 City of Big Bear Lake Dept of Water & Power Water Usage 06/15/2022 47.80 83921 Bear Valley Electric Electricity Usage 06/15/2022 3,065.20 83924 Frontier Communications Telephone Service 06/15/2022 605.13 83932 Butchers Blocks & Building Materials Materials/Supplies 06/22/2022 47.61 83933 Lumber City Corp. Materials/Supplies 06/22/2022 31.01 83935 Mission Linen Supply Inc. Laundry Service 06/22/2022 269.92 83951 Cintas Corporation First Aid Supplies 06/23/2022 497.9183960 Haaker Equipment Co. Inc. Equipment Parts 06/23/2022 160.6683965 Mission Linen Supply Inc. Laundry Service 06/23/2022 269.92 83971 Southwest Gas Corporation Natural Gas Usage 06/23/2022 323.27 83976 Verizon Wireless Cell Phone Service 06/23/2022 331.05 Sanitation Total 5,649.48
Village Streetscape Maintenance 291
83917 City of Big Bear Lake Dept of Water & Power Water Usage 06/15/2022 541.00 83921 Bear Valley Electric Electricity Usage 06/15/2022 817.42 83926 Montoya's Wholesale Nursery Inc Village Landscaping 06/15/2022 6,465.00 83932 Butchers Blocks & Building Materials Materials/Supplies 06/22/2022 215.73 83933 Lumber City Corp. Materials/Supplies 06/22/2022 11.04 83966 Montoya's Wholesale Nursery Inc Village Landscaping 06/23/2022 4,848.75 83969 Nativescapes, Inc. Village Landscaping 06/23/2022 14,625.00 83971 Southwest Gas Corporation Natural Gas Usage 06/23/2022 1,163.61 Village Streetscape Total 28,687.55
Capital Projects 321
83919 Bay City Equipment Industries Lift Station Emergency Standby Generator Equipment 06/15/2022 5,652.33 83932 Butchers Blocks & Building Materials Animal Shelter Improvement Materials 06/22/2022 486.72 83942 Big Bear Paint Center Animal Shelter Improvement Materials 06/23/2022 356.11 83944 Bear City Glass Co Inc Animal Shelter Improvement Materials 06/23/2022 256.75 83960 Haaker Equipment Co. Inc. Equipment Replacement ‐ Vactor 06/23/2022 495,934.46 Capital Projects Total 502,686.37
Street Improvement Projects 350
83962 LOR Geotechnical Group, Inc. Moonridge Corridor Project 06/23/2022 1,379.40 Capital Projects/ Street Improvements Total 1,379.40
Refuse 550
83935 Mission Linen Supply Inc. Laundry Service 06/22/2022 53.98 83940 Big Bear Disposal Inc Portable Restroom Rentals 06/23/2022 101.01 83963 Lynn Merrill And Associates, Inc. Professional Services 06/23/2022 710.42 83965 Mission Linen Supply Inc. Laundry Service 06/23/2022 53.98 83976 Verizon Wireless Cell Phone Service 06/23/2022 77.83 Refuse Total 997.22
Grand Total 866,840.58
DISTRIBUTION OF TREASURY CASH Rate Amount % of Total
Demand Account - Union Bank $ 8.56% 3,029,038
Imprest Cash - Union Bank Payroll $ 5,000 0.01%
Imprest Cash $ 1,525 0.00%
Dental Self Insured Checking $ 154,944 0.44%
Local Agency Investment Fund (LAIF) 0.684% 32,175,852 $ 90.98% Total Cash In Treasury: $ 35,366,358 100.00%
INVESTMENT ACTIVITY Days Deposits Withdrawals
LAIF Average Life (Days) of Portfolio 310
LAIF Transactions $0 $0
Interest Received for Fiscal Year 2021-22 $43,013
DISTRIBUTION OF CASH BY FUND May 2022 April 2022 Change General $ 22,638,189 23,444,784 $ 806,595 $
Sanitation $ 6,330,454 6,274,174 $ (56,280) $
Capital Improvement $ 42,554 (63,245) $ (105,799) $
Refuse $ 1,757,054 1,535,350 $ (221,704) $
Trust $ 2,251,295 2,504,646 $ 253,351 $
Successor Agency $ 272,963 1,226,123 $ 953,160 $
AB 3229 Supp Law Enforce $ 444,526 444,526 $ - $
Total Cash in Treasury: $ 35,366,358 $ 33,737,035 $ 1,629,323 CASH WITH FISCAL AGENT - RESERVE FUNDS Cost Basis Market Value Current Yield 2005 Revenue Refunding Bonds
Big Bear Lake Reserve Fund $ 578,785 578,785 $ 0.70%
Moonridge Reserve Fund $ 79,307 79,307 $ 0.70%
1999 IA Tax Allocation Bonds $ 289,289 289,289 $ 0.70%
- The aforementioned investments conform to the City's investment policy. (Res. 2021-61) - Cash is sufficient to meet needs of the next 6 months. - Interest earned on invested cash is accrued on a quarterly basis.

Pursuant to California Government Code 53647 all local government agencies are required to report the current market value of investments under management by an outside party. The reserve funds for the aforementioned bond issues are held and managed by the City's Trustee, Union Bank.

CITY OF BIG BEAR LAKE

TREASURER'S REPORT
May 31, 2022

MEETING
DATE: July 18, 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 Lighting 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 3P Construction, Inc. , Menifee, CA, for the construction and installation of new lighting in Rotary Park. The project includes the installation of twelve (12) City furnished light standards that match those within the Village. The contractor was required for the installation of all electrical components and the placement and installation of the lighting poles. The contract was in the amount of $66,375. Work commenced on this project on or around May 7, 2022 and was completed to the satisfaction of staff as of June 16, 2022. Staff is recommending that the City Council accept the work of 3P Construction, Inc. for this project and authorize the filing of a Notice of Completion for this project.

DISCUSSION
3P Construction, Inc. was awarded a contract for the Rotary Park Lighting Project in March 2022.

Work commenced on May 7, 2022 and was completed as of June 16, 2022. The project included the construction and installation of a new lighting system within Rotary Park. The total cost of the work was $66,375. It is recommended that the City Council accept the work of 3P Construction, Inc. 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 was included in the approved Five-Year Capital Improvement Program for Fiscal Year 2021-22 utilizing Measure Y proceeds. The total completed contract cost for this project is $66,375.

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 Lighting 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 LIGHTING 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 Lighting Project, which includes the construction and installation of twelve (12) park lighting standards and the associated controls, was awarded to 3P Construction, Inc, Murrietta, CA, in March 2022, in the amount of $66,375; and WHEREAS, work commenced on May 7, 2022 and was completed to the satisfaction of staff as of June 16, 2022; and
WHEREAS, the total cost of the contract for completion of this project was $66,375; and WHEREAS, staff is recommending that the City Council accept the work of 3P Construction, Inc. 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 Lighting 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 18th day of July, 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 18th day of July, 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:

8. A work of improvement on the property hereinafter described was completed 6/16/2022.

9. The work of improvement completed is described as follows: ROTARY PARK LIGHTING PROJECT.

10. The NAME OF THE ORIGINAL CONTRACTORS, if any, for such work of improvement is 3P Construction, Inc.

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: July 18, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sean Sullivan, Director of Public Services
Jason Watterson, Public Works Operations Manager
Jacky Chan, Associate Engineer
SUBJECT: Resolution Authorizing a Notice of Completion for the CIPP Sewer Lining Project

BACKGROUND
The City’s Sanitation Division is responsible for the maintenance of the sanitary sewer system which includes approximately 200 miles of sewer main, more than 3,000 manholes, and 12 sewer lift stations. Amongst the varying options for the maintenance and rehabilitation of underground sewer mains is a cured-in-place-pipe (CIPP) sewer liner. CIPP is pulled through the existing sewer main to serve as a liner to correct concerns created by root intrusion, pipe collapse, or erosion.

This effort can extend the useful life of the sewer lines without needing to excavate the streets and will limit the degree of disruption to the community.

On May 2, 2022, the City Council awarded a contract to Sancon Engineering, Inc. for a project to line approximately 2,900 linear feet of sewer main in the Red Ant Hill area of the City. This work has been completed to the satisfaction of City staff and it is recommended that the City Council adopt the proposed Resolution accepting the work of Sancon Engineering, Inc. and authorize the filing of a Notice of Completion for this project.

DISCUSSION
Staff identified approximately 2,400 linear feet of sewer pipeline in the Red Ant Hill area of the City that would be appropriate for the usage of CIPP. The area of the project is more specifically defined as the area to the north of Big Bear Boulevard, between Temple Lane and Lakewood Lane.

These pipelines have identified root intrusion concerns and minor failures, conditions which would be remedied utilizing the identified process. Additionally, approximately 500 linear feet of sewer main on Jay Bird Lane was included within this scope, bringing the total linear footage to approximately 2,900.

On May 2, 2022, the City Council awarded a contract to Sancon Engineering, Inc. to complete this scope of work at a contract cost of $149,323. Work commenced on June 13, 2022 and was completed on June 16, 2022. As work was undertaken, the process identified some variances in quantities that were not reflected within the original bid documents; specifically, there were less sewer laterals to reinstate but additional quantity of lining to complete. As the work was underway, and the contractor was in place, staff authorized the completion of the additional quantities of work to ensure a completed project. The resulting additions to the scope of work resulted in an additional cost of $8,825 (+6%). The total completed work included approximately 3,100 linear feet of sewer main.

Staff is satisfied with the work of the contractor; these improvements repaired failing portions of sewer main and alleviated concerns resulted from root intrusion. It is recommended that the City Council accept the work of Sancon Engineering, Inc. and authorize the filing of a Notice of Completion for this project.

FISCAL IMPACT
Sancon Engineering, Inc. was awarded a contract for this project in the amount of $149,323. As the work was underway, some additional work was completed that was not reflected within the original scope of work at an additional cost of $8,825. The total expenditure for this contract is $158,148 and all funding is available in the approved Fiscal Year 2021-22 Capital Improvement Program budget with funding being derived from the Sanitation Fund.

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

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Authorizing a Notice of Completion for the CIPP Sewer Lining 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 CIPP SEWER LINING PROJECT
WHEREAS, the City’s Sanitation Division is responsible for the maintenance of the sanitary sewer system which includes approximately 200 miles of sewer main, more than 3,000 manholes, and 12 sewer lift stations; and
WHEREAS, the City’s approved Fiscal Year 2021-22 Capital Improvement Program (CIP) includes a cured-in-place-pipe (CIPP) sewer lining project; and WHEREAS, the scope of work for this project includes the installation of cured-in-place-pipe sewer lining on approximately 2,400 linear feet of sewer main in the Red Ant Hill area of the City and 500 linear feet of sewer main along Jay Bird Lane, as well as all appurtenant work for this project; and
WHEREAS, on May 2, 2022, the City Council awarded a contract to Sancon Engineering, Inc. for this scope of work in the amount of $149,323; and
WHEREAS, work commenced on June 13, 2022 and was completed on June 16, 2022; and WHEREAS, as work was underway, there were some variances in the scope of work to be completed, specifically there were fewer sewer laterals to reinstate but additional quantities of sewer main to be lined and as work was underway, staff authorized this work to proceed at an additional cost of $8,825; and
WHEREAS, the work has been completed to the satisfaction of staff and it is recommended that the project be accepted and a Notice of Completion be filed; and WHEREAS, the complete contract cost of $158,148, includes all completed work and funding was approved within the Fiscal Year 2021-22 Capital Improvement Program budget with funding derived from the Sanitation Fund.

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

1. Staff is authorized to file a Notice of Completion for the CIPP Sewer Lining 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 18th day of July, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

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:

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:

8. A work of improvement on the property hereinafter described was completed June 16, 2022

9. The work of improvement completed is described as follows: CIPP SEWER LINING PROJECT.

10. The NAME OF THE ORIGINAL CONTRACTORS, if any, for such work of improvement is SANCON ENGINEERING, INC.

11. The street address of said property is various locations throughout the City.

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 and Place (Signature of person signing on behalf of owner)

MEETING
DATE: July 18, 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 Amending Fiscal Year 2021-22 Measure I Expenditure Plan and Resolution Approving the Fiscal Year 2022-23 Measure I Expenditure Plan and Five-Year Capital Improvement Plan

BACKGROUND
The Transportation Expenditure Plan and Retail Transactions and Use Tax Ordinance, known as Measure I, was approved by San Bernardino County Voters in 1989 for the purpose of generating funds for road improvement projects. In November 2004, voters extended the Measure for an additional thirty (30) years through 2040. Measure I includes three (3) specific funding categories for projects and activities: Regional/Arterial Streets Program, Local Streets Program, and Elderly/Disabled Transit Program. The City receives an estimated annual allocation of approximately $400,000 per fiscal year of Measure I funds under the local return provisions of the Measure for improvements to the City’s local streets.

Measure I funds are administered by the San Bernardino County Transportation Authority (SBCTA), which is responsible for the distribution of funds to the local agencies. A requirement of receiving the funding is the submittal to SBCTA of a Five-Year Capital Improvement Plan, outlining planned Measure I expenditures, approved by the City Council prior to each September

1. The plan includes any projects, either fully or partially funded by Measure I, that are proposed over the next five fiscal years. The submitted capital improvement plan is a proposed plan that may be amended by the City Council at any time based upon project priorities and schedules.

Additionally, the local agency shall submit an expenditure strategy document in support of the capital improvement plan.

DISCUSSION
The City of Big Bear Lake receives an annual allocation of approximately $400,000 in Measure I Local Return Funds, which are designated for road improvement projects. Annually, the City budgets approximately $1,550,000 for road maintenance and improvement activities within the annual Capital Improvement Program budget. The budgeted activated generally include the Annual Street Rehabilitation Project ($1,400,000), crack sealing and slurry sealing ($100,000), and annual street striping ($50,000). The Measure I funds are specifically programmed to the Annual Street Rehabilitation Project, which includes street overlays or reconstruction activities, based upon the street’s needs, with the goal of rehabilitating up to four (4) miles of streets annually.

On August 2, 2021, City Council adopted a Resolution (Resolution No. 2021-93) adopting the Measure I Five Year Capital Improvement Plan (CIP) for FY 2021-22 through FY 2025-26. A review of the submittal for Fiscal Year 2021-22 determined that the City’s plan requires minor amendment, specifically the need to include an expenditure strategy and updates to the list of included streets for that year’s project. The submitted list required the addition of Yosemite Drive and Sand Canyon Drive to the project list for receiving Measure I funds in 2021-22. A resolution adopting the amended Fiscal Year 2021-22 expenditure plan, which includes these changes, is presented for the City Council’s consideration.

Furthermore, the City is required to annually update the Five-Year Capital Improvement Plan to receive the current year’s allocation of funding. This Capital Improvement Plan and expenditure strategy outlines how the City intends to expend their apportionment of Measure I funding in the coming years. As outlined above, the City’s practice is to annually allocate the Measure I funds to the Annual Street Rehabilitation Project for each year which is reflected in the proposed Five-Year Capital Improvement Plan. A resolution is included for the City Council’s consideration approving an updated Five-Year Capital Improvement Plan through Fiscal Year 2026-27 for Measure I expenditures.

FISCAL IMPACT
There is a no direct fiscal impact associated with the requested actions. The submittal of these resolutions and plans is a requirement of receiving the City’s annual allocation of Measure I Funds.

Measure I funds are budgeted for approximately $400,000 in the adopted Fiscal Year 2022-23 budget.

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

ATTACHMENTS

1. Resolution No. 2022-XX

2. Amended FY 2021-22 - FY 2025-26 Measure I Five Year Capital Improvement Plan

3. Fiscal Year 2021-22 – Fiscal Year 2025-26 Measure I Expenditure Strategy

4. Resolution No. 2022-XX

5. Fiscal Year 2022-23 – Fiscal Year 2026-27 Measure I Five-Year Capital Improvement Plan

6. Fiscal Year 2023-23 – Fiscal Year 2026-27 Measure I Expenditure Strategy ATTACHMENT 1
RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY OF BIG BEAR LAKE, STATE OF CALIFORNIA,

AMENDING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY 2021-2022 THROUGH FY 2025-2026
WHEREAS, San Bernardino County voters approved passage of Measure I in 1989, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino to fund road improvement projects; and
WHEREAS, in November 2004, voters subsequently voted to extend the term of the Measure through 2040; and
WHEREAS, the San Bernardino County Transportation Authority (SBCTA) is responsible for administering the funds and distributing them to the local agencies for usage in one of the three (3) established categories: Regional/Arterial Streets, Local Streets, and Elderly/Disabled Transit; and WHEREAS, cities and agencies throughout San Bernardino County are eligible for an annual local return of these funds to support eligible activities within their jurisdictions and the City of Big Bear Lake annually receives approximately $400,000; and WHEREAS, a requirement of the distribution of the local return funds to the eligible local agencies is that they submit, annually, a Five-Year Capital Improvement Plan and Expenditure Strategy which outline the proposed projects and intended expenditures of Measure I funds; and WHEREAS, in August 2021, the City Council approved the Five-Year Capital Improvement Plan for FY 2021-22 through FY 2025-26; and
WHEREAS, SBCTA requires certain amendments to the specified plans and an updated FY 21- 22 Measure I Five Year Capital Improvement Plan has been amended to provide specific street segments within the planning document; and
WHEREAS, Yosemite Drive and Sand Canyon Drive were added to the list of streets included in the Fiscal Year 2021-22 Capital Improvement Program to make them eligible for Measure I funds.

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

1. The Amended Measure I Five-Year Capital Improvement Plan Fiscal Year 2021-22 through Fiscal Year 2026-27, attached to this resolution, is hereby adopted.

2. Staff is directed to submit the adopted plan to the SBCTA accordingly.

PASSED, APPROVED AND ADOPTED this 18th day of July, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ATTACHMENT 2
Resolution Number: 2021-XX
Resolution Approval Date: August 2, 2021Contact Person/Title: Sean SullivanPhone: 909-866-5831Email: [email protected] 6/30/21 Estimated Balance: $112,771.05
Total Est. Rev.
$2,111,527.49
Named Projects:

Rehabiliation of Yosemite Drive- Canyon Crest to End No No 0% 0% $332,066 $311,676 $311,676.14 Rehabilitiation of Sand Canyon Drive No No 0% 0% $150,416 $79,524 $79,523.86 No No 0% 0% $0.00
$0.00 $391,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $391,200.00 Categorical Projects:

Annual Street Rehabilitation FY 2022/23 No No 0% 0% $1,400,000 $ 408,440.00 Annual Street Rehabilitation FY 2023/24 No No 0% 0% $1,400,000 $ 422,837.00 Annual Street Rehabilitation FY 2024/25 No No 0% 0% $1,400,000 $ 437,653.00 Annual Street Rehabilitation FY 2025/26 No No 0% 0% $1,400,000 $ 452,902.00 $0.00 $408,440.00 $422,837.00 $437,653.00 $452,902.00 $1,721,832.00

0.00% 100.00% 100.00% 100.00% 100.00%
Total Carryover Programming: $0.00
Total Estimated Programming: $2,113,032.00
Total Programming: $2,113,032.00
Total Programming is currently: 95.00% (must not exceed 150%) of Carryover Balance + Total Est. Revenue.

BIG BEAR LAKE
Is Project in
City's
Non-motorized
Transportation
Plan? (Yes/No)
Does Project
have an ATP Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %) Estimated Total
Project Cost
$452,902
FY2021/22 Est. Revenue FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue Carryover Funds
$389,696 $408,440 $422,837 $437,653
Categorical Projects Total:
(%) Categorical Projects to FY Est. Revenue:

Total
Named Projects Total:

Total Carryover + Estimate: $391,200.00 $0.00 $0.00 $0.00 $0.00 Measure I Local Pass-through Program
Fiscal Years 2021/2022 thru 2025/2026

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Current Estimate
Carryover Funds
Current Estimate
Carryover Funds Current Carryover Funds Current Estimate Estimate
Carryover Funds
Current Estimate
ATTACHMENT 3

Measure I Five Year
Capital Improvements Plan Expenditure Strategy
2021-2026
Measure I pass through funds will be used by the City of Big Bear Lake for a variety of transportation related projects, including reconstruction of existing roadways, installation of drainage systems with associated road widening, maintenance of existing roadways and support of the local transit authority. The funds are allocated at 25%, 70%, and 5% respectively for arterial, local, and transit projects. It is the intent of the City to expend all Measure I pass through funds as they are received.

The City of Big Bear Lake constructed the City of Big Bear Lake Fiscal Year 2021-22 Street Rehabilitation Project. This major project included rehabilitation of approximately 410,000 SF of paved surface, as well as improvements to the drainage systems along portions of the roadways.

The City has annual street rehabilitation projects scheduled each year, through 2026, with a goal of rehabilitating 4 miles of roadway each year.

Streets identified for re-construction are chosen based on their classification within the City’s Pavement Management Plan and in coordination with the local utilities. Extensive re-construction of existing utilities by the utility companies is scheduled for the next five years and is being carefully coordinated with City paving projects to minimize conflicts in newly reconstructed roads.

All construction funds are being expended to maintain, improve and/or re-construct existing city roadways.

ATTACHMENT 4
RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY OF BIG BEAR LAKE, STATE OF CALIFORNIA,

ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY 2022-23 THROUGH FY 2026-27
WHEREAS, San Bernardino County voters approved passage of Measure I in 1989, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino to fund road improvement projects; and
WHEREAS, in November 2004, voters subsequently voted to extend the term of the Measure through 2040; and
WHEREAS, the San Bernardino County Transportation Authority (SBCTA) is responsible for administering the funds and distributing them to the local agencies for usage in one of the three (3) established categories: Regional/Arterial Streets, Local Streets, and Elderly/Disabled Transit; and WHEREAS, cities and agencies throughout San Bernardino County are eligible for an annual local return of these funds to support eligible activities within their jurisdictions and the City of Big Bear Lake annually receives approximately $400,000; and WHEREAS, a requirement of the distribution of the local return funds to the eligible local agencies is that they submit, annually, a Five-Year Capital Improvement Plan and Expenditure Strategy which outline the proposed projects and intended expenditures of Measure I funds; and WHEREAS, the City proposed to expend the annual Measure I allocation for the Annual Street Rehabilitation Project, which is budgeted for annually in the Five-Year Capital Improvement Program; and
WHEREAS, the Annual Street Rehabilitation Project undertakes street overlays or reconstruction activities, based upon the street’s needs, with the goal of rehabilitating up to four (4) miles of streets annually.

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

1. The Measure I Five-Year Capital Improvement Plan Fiscal Year 2022-23 through Fiscal Year 2026-27, attached to this resolution, is hereby adopted.

2. Staff is directed to submit the adopted plan to the SBCTA accordingly.

PASSED, APPROVED AND ADOPTED this 18th day of July, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ATTACHMENT 5
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/22 Carryover Balance $0.00
FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue Total Est. Rev. $650,009 $650,407 $650,801 $657,706 $664,681 $3,273,604 Projects:

FY 22/23 Street Rehabiliation Project 0.0% 0.0% $1,400,000 $409,900 $0 $0 $0 $0 $409,900 FY 23/24 Street Rehabiliation Project 0.0% 0.0% $1,400,000 $0 $424,300 $0 $0 $0 $424,300 FY 24/25 Street Rehabiliation Project 0.0% 0.0% $1,400,000 $0 $0 $439,200 $0 $0 $439,200 FY 25/26 Street Rehabiliation Project 0.0% 0.0% $1,400,000 $0 $0 $0 $454,400 $0 $454,400 FY 26/27 Street Rehabiliation Project 0.0% 0.0% $1,400,000 $0 $0 $0 $0 $470,400 $470,400

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
$409,900 $424,300 $439,200 $454,400 $470,400 $2,198,200 Total Programming is currently 67% Total Estimated Programming: $2,198,200 2022-XX Jurisdiction:
18-Jul-22
Sean Sullivan, Director of Public Services
909-866-5831
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027 [email protected] Projects Total:

Big Bear Lake
Current
Estimate
Current
Estimate Total Current Estimate Current Estimate Current Estimate (Must not exceed 150% of Carryover Balance + Total Estimated Revenue) Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost

Page 1 of 1 ends

ATTACHMENT 6
Measure I Five Year
Capital Improvements Plan Expenditure Strategy
2022-2027
Measure I pass through funds will be used by the City of Big Bear Lake for a variety of transportation related projects, including reconstruction of existing roadways, installation of drainage systems with associated road widening, maintenance of existing roadways and support of the local transit authority. The funds are allocated at 25%, 70%, and 5% respectively for arterial, local, and transit projects. It is the intent of the City to expend all Measure I pass through funds as they are received.

The City of Big Bear Lake plans on constructing the Fiscal Year 2022-23 Street Rehabilitation Project. This major project includes rehabilitation of approximately 350,000 SF of paved surface, as well as improvements to the drainage systems along portions of the roadways. The City has annual street rehabilitation projects scheduled each year, through 2027, with a goal of rehabilitating approximately 4 miles of roadway each year.

All construction funds are being expended to maintain, improve and/or re-construct existing city roadways.

MEETING
DATE: July 18, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Erica Stephenson, City Clerk/Director of Human Resources SUBJECT: Resolution Authorizing Best Best & Krieger to Provide 2022 Election Official Support Services

BACKGROUND
Per the City’s routine biannual election practices, on June 6, 2022, the City Council adopted three resolutions related to the upcoming November 8, 2022 General Municipal Election. The purpose of those resolutions was to formally call the election, provide notice to the community that the City will be seeking three Councilmembers to fill the expiring seats in District 2, District 3 and District 4, request the San Bernardino County Board of Supervisors to consolidate the City’s election with the County’s Statewide General Election and to adopt regulations pertaining to candidate statements.

On June 6, 2022, the City Council also adopted two additional election related resolutions placing a Citizens’ Initiative Measure to Limit Vacation Rental Licenses on the November 8, 2022 ballot, in addition to a City Council initiated General Tax Measure to increase the City’s Transient Occupancy Tax (TOT). Currently, there are also two separate Recall Petitions filed by proponents related to the City’s District 1 and District 5 Council seats that are in various stages of the California Elections Code mandated process. It should be noted that these four additional election related matters are less common practice in a small municipality and it is even more unusual that they are all occurring within the same timeframe.

DISCUSSION
The typical City Council election process is extremely time-consuming for staff and becomes the majority of the City Clerk’s workload for several months while working with the City Council candidates, the City’s Election Attorney and the San Bernardino County Registrar of Voters (ROV) to ensure the Elections Code is being followed and all County/State deadlines are being met. This year, due to the four additional election related matters, staff has concerns regarding the capacity of current Support Services Department employees to successfully meet all of the time-sensitive elections requirements in addition to completing their regular full-time job duties.

Therefore, staff contacted the City’s attorney firm, Best Best & Kreiger (BB&K) to inquire if they could provide additional support services for all of the City’s election related matters during this current election cycle. BB&K has informed the City that they would be able to provide Deputy Election Official Services to assist the City Clerk on all election related matters. The firm explained that the engagement would be primarily staffed by Stephanie Smith, BB&K’s Director of Election Services. Stephanie has over 35 years of municipal clerk and election official experience, and has conducted over fifteen municipal elections and four recall elections throughout her municipal career. If needed, Stephanie would work directly with BB&K election attorneys, in the same manner the City Clerk would throughout any election cycle. Since it is unknown how much time this special engagement would require, BB&K has proposed to bill the City on an hourly basis, which is in line with their normal billing procedures.

It is a typical practice for a small municipality with limited staffing to outsource complex and nonroutine projects. For example, the City’s Engineering and Community Development Departments’ routinely engage the use of consultants for specialized and/or more complicated Engineering, Planning and Building & Safety projects. In addition, last year the City Council authorized BB&K to oversee the City Council Redistricting process which is a municipal requirement occurring every ten years.

Since BB&K is the City’s current law firm, the City Clerk utilizes their legal election services throughout every election process to ensure the City maintains compliance with all mandated California Elections Codes, the ROV requirements and various other election related agencies’ regulations (i.e. Fair Political Practices Commission). The only difference staff is proposing during this election cycle, is to seek additional Election Official Services support. This would provide the City Clerk, Council candidates and initiative proponents a dedicated and available professional resource to promptly respond to and assist with all election related matters. Staff is confident that the City’s election procedures will be handled professionally, in accordance with legal requirements and that it would be in the best interest of the City Council candidates and initiative proponents to engage with BB&K for additional Election Official support throughout the current election cycle.

FISCAL IMPACT
Professional legal services have been included in the City’s adopted FY 2022-23 Budget. The election support services will be billed on an hourly, as needed basis. Therefore, staff will continue to monitor the City’s legal expenses and will seek Council approval if it is determined that a Budget Amendment may be required.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under California Environmental Quality Act.

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Authorizing Best Best & Krieger to Provide 2022 Election Official Support Services.

ATTACHMENT

1. Resolution No. 2022-XX
ATTACHMENT 1
RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING BEST BEST & KRIEGER TO

PROVIDE ELECTION OFFICIAL SUPPORT SERVICES
WHEREAS, on June 6, 2022, the City Council had formally called the election to fill the expiring City Council seats in District 2, District 3 and District 4 to be held with the November 8, 2022 General Municipal Election; and
WHEREAS, on June 6, 2022, the City Council had also adopted two additional resolutions placing a Citizens’ Initiative Measure to Limit Vacation Rental Licenses and a City Council initiated General Tax Measure to increase the City’s Transient Occupancy Tax (TOT) on the same November 8, 2022 ballot; and,
WHEREAS, in addition, local proponents have filed two City Council Recall Petitions that are currently in various stages of the California Elections Code mandated process: and, WHEREAS, all of these election related matters are extremely time-consuming, complex and staff has concerns with the City’s ability to independently provide all of the Election Official services that are required to successfully manage these time-sensitive election duties; and WHEREAS, staff has worked with the City’s attorney firm Best Best & Kreiger (BB&K) to inquire if they could provide additional election related support services throughout the current election cycle; and
WHEREAS, BB&K has indicated their firm would be able to provide the City with Deputy Election Official services on an hourly basis, to further assist the City Clerk with all election related matters; and
NOW, THEREFORE, BE IT RESOLVED BY the City Council that the City Manager is hereby authorized to engage the City’s law firm Best Best & Krieger to provide Election Official support services throughout the current election cycle.

PASSED, APPROVED AND ADOPTED this 18th day of July, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

MEETING
DATE: July 18, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Erica Stephenson, City Clerk/Director of Human Resources SUBJECT: Receive and File Recall Petition Seeking Removal of Councilmember Alan Lee and Call Special Recall Election Date for November 8, 2022

BACKGROUND
On April 5, 2022, a “Notice of Intention to Circulate a Recall Petition” was filed by local proponents seeking the recall of Councilmember Alan Lee as the representative of Council District 1. Subsequently, the recall proponents started collecting petition signatures. Pursuant to California Elections Code Sections 11220 and 11221, the petition was required to be filed no later than June 13, 2022 and signatures from 30 percent of District 1’s registered voters were required to qualify the recall for the ballot - equating to 175 signatures.

The proponents timely filed a complete petition with the City Clerk on June 1, 2022. Per standard practice, the City Clerk forwarded the petition to the San Bernardino County Registrar of Voters for signature verification against County voter records. The County Registrar has reviewed the petition and verified the signatures contained therein. As indicated in the attached certificate from the County, the petition contains 229 verified signatures. Therefore, the petition contains sufficient verified signatures to qualify the recall for the ballot.

California Elections Code Section 11227 provides that “[I]f the elections official finds the signatures on the petition to be sufficient, he or she shall submit his or her certificate as to the sufficiency of the petition to the governing body at its next regular meeting.” The certificate from the City Clerk/County Registrar is being presented to the Council tonight and the Council is requested to receive and file it.

DISCUSSION
Elections Code Section 11240 further provides that “[W]ithin 14 days after the meeting at which the governing body received the certificate of sufficiency … the governing body shall issue an order stating that an election shall be held pursuant to this article to determine whether or not the officer[s] named in the petition shall be recalled.”
Pursuant to Elections Code Sections 1100 and 11242 the recall election shall be held on a Tuesday that is not on, before or after a State holiday, and which is not less than 88, nor more than 125, days after the issuance of the order calling the election. Further, if a regular or special election is already scheduled to be held throughout the City within this time period, the recall election must be held on the same day as that regular or special election.

Given that the upcoming November 8, 2022 General Municipal Election falls within these time parameters, the Elections Code requires the Council to call the recall election for that date. Staff notes that the Council may defer its decision up to 14 days from this evening. However, the end result will not change – the Council will still have to call the recall election for November 8, 2022.

If the Council does not call the special recall election by August 1, 2022 (14 days after this meeting), Elections Code Section 11241 requires the County Registrar to set the date for the election within five (5) days after - which would still result in a recall election on November 8, 2022.

Staff has prepared the appropriate election resolution for the Council’s adoption this evening, which is attached. Once the Council adopts the resolution, staff will forward the document to the County Registrar of Voters in order to conduct the election.

FISCAL IMPACT
There is no fiscal impact to receive and file this item. Staff has requested a cost estimate associated with this Recall Election from the San Bernardino County Registrar of Voters and is awaiting a response.

Once the cost estimate is received, if it is determined that a budget amendment is required staff will seek Council fiscal approval at a future meeting.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under California Environmental Quality Act.

RECOMMENDATIONS
It is recommended that the City Council:

1. Receive, File and Accept the Certificate of Sufficiency of the Recall Petition.

2. Call a recall election for Councilmember Alan Lee for November 8, 2022.

ATTACHMENTS

1. Certificate of Sufficiency of Recall Petition

2. Resolution Calling Recall Election for November 8, 2022

3. Resolution Requesting Consolidation of Recall Election with Statewide General Election

4. Resolution Setting Rules for Candidate Statements for Recall Election ATTACHMENT 1

ATTACHMENT 2

RESOLUTION NO. 2022-XX

RESOLUTION CALLING FOR THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022 FOR

THE SUBMISSION OF THE QUESTION OF THE RECALL OF

CERTAIN OFFICERS AND THE ELECTION OF CANDIDATES TO

FILL THE VACANCY OR VACANCIES IF THE RECALL PREVAILS
WHEREAS, under the provisions of the law relating to charter cities in the State of California, a recall petition was timely filed demanding the recall of City Council Member Alan Lee, representing Council District 1; and
WHEREAS, the petition was signed by more than thirty (30) percent of the registered voters of Council District 1 in the City of Big Bear Lake (“City”); and WHEREAS, candidates shall be elected to fill the vacancy if the recall prevails; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed recall to the voters of Council District 1 in the City;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, SAN

BERNARDINO COUNTY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to charter cities, there is called and ordered to be held in the Council District 1 in the City of Big Bear Lake, San Bernardino County, California, on Tuesday, November 8, 2022, a Special Municipal Election for the purpose of submitting the question of the recall of City Councilmember Alan Lee; and the election of candidates to fill the vacancy, if the recall prevails.

SECTION 2. That on the ballots to be used at the election, in addition to any other matters required by law, there shall be printed substantially the following:

Shall Alan Lee be recalled (removed) from the office of City Councilmember, Council District 1 of the City of Big Bear Lake YES
NO
For City Council, Council District 1 of the City of Big Bear Lake To succeed Alan Lee if he is recalled.

Term Ending November, 2024
(Followed by the list of candidates qualifying for this office) Vote for ONE
SECTION 3. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 4. That the City Clerk, through the San Bernardino County Registrar of Voters, is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 5. That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-by-mail procedures and timing, and election officers, and all other persons and procedures for the Special Municipal Election shall be the same as those utilized by the County of San Bernardino.

SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 18th day of July, 2022 Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ATTACHMENT 3

RESOLUTION NO. 2022-XX

RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A

SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403

OF THE CALIFORNIA ELECTIONS CODE
WHEREAS, by adoption of Resolution No. 2022-XX on July 18, 2022, the City Council has called and given notice of a Special Municipal Election to be held on Tuesday, November 8, 2022 in Council District 1 in the City of Big Bear Lake, County of San Bernardino, for the purpose of submitting to the voters of District 1 the question relating to the recall of Councilmember Alan Lee and, if the recall should prevail, who shall be his successor to fill the vacancy created; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide General Election to be held on the same date, and that within the City the precincts, polling places, voting centers and election officers of the two elections be the same, and that the San Bernardino County Registrar of Voters canvass the returns of the Special Municipal Election, and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, SAN

BERNARDINO COUNTY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of submitting to the voters of City of Big Bear Lake Council District 1 the question relating to the recall of Councilmember Alan Lee and, if the recall should prevail, who shall be his successor to fill the vacancy created.

SECTION 2. That the San Bernardino County Registrar of Voters is authorized to canvass the returns of the Special Municipal Election for the City of Big Bear Lake. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to Elections Code Section 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.

SECTION 3. That the Board of Supervisors of the County of San Bernardino is requested to issue instructions to the San Bernardino County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of Big Bear Lake recognizes that additional costs will be incurred by the County of San Bernardino by reason of this consolidation and agrees to reimburse the County of San Bernardino for any costs upon presentation of reasonably detailed invoices.

SECTION 5. That the City Clerk is hereby directed to forward without delay a certified copy of this resolution to both the Board of Supervisors of the County of San Bernardino and the San Bernardino County Registrar of Voters.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 18th day of July, 2022 Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ATTACHMENT 4
RESOLUTION NO. 2022-XX

RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS

SUBMITTED TO THE VOTERS AT A SPECIAL RECALL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
WHEREAS, by adoption of Resolution No. 2022-XX pursuant to the California Elections Code §11240, the City Council has called and ordered to be held within the jurisdiction of Council District 1 in the City of Big Bear Lake on Tuesday November 8, 2022, a special municipal election for the purpose of submitting to the voters the question of (i) whether Councilmember Alan Lee shall be recalled (removed) from office and (ii) if so, who shall succeed him for the remainder of his elected term; and
WHEREAS, California Elections Code §11328 provides that “[A] recall election shall be conducted, canvassed, and the results declared in substantially the manner provided by law for a regular election for the office”; and
WHEREAS, California Elections Code §11381 provides that “[N]ominations of candidates to succeed the recalled officer shall be made in the manner prescribed for nominating a candidate to that office in a regular election insofar as that procedure is consistent with this article”; and WHEREAS, California Elections Code §13307 authorizes each candidate for nonpartisan elective office in any local agency to prepare a candidate’s statement which may include the name, age, and occupation of the candidate and a brief description of the candidate’s education and qualifications for office expressed by the candidate himself or herself; and WHEREAS, California Elections Code §11327 provides that “An officer whose recall is being sought may file a statement with the elections official in accordance with §13307, to be sent to each voter, together with the voter information guide”; and WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a local election, including costs of the candidate’s statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, SAN

BERNARDINO COUNTY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. That pursuant to §§13307 and 13308 of the Elections Code of the State of California, the incumbent officer opposing his or her recall as well as each candidate for elective office seeking to replace said incumbent(s) to be voted for at a special election to be held in the jurisdiction of Council District 1 in the City of Big Bear Lake on November 8, 2022, may prepare a candidate’s statement on an appropriate form provided by the Elections Official for inclusion in the voter information guide. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership of activity in partisan political organizations. In addition, the statement shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The statement shall be filed in typewritten format in the office of the Elections Official at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY.
a. Pursuant to State law, the candidate’s statement must be translated and printed in any language at the candidate’s request.
b. Pursuant to the Federal Voting Rights Act, the Elections Official is required to translate candidates statements into the following languages in addition to English: Spanish. c. The Elections Official shall have all candidates statements translated into the languages specified in (a) and (b) above, and shall print all translations of all candidates statements in the voter information guide.

SECTION 3. PAYMENT.
a. The candidate shall be required to pay for the cost of printing the candidate’s statement in English.
b. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language as specified in Section 2(a) and (b) above pursuant to Federal and/or State law.
c. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required by Section 2(a) or (b).
d. The Elections Official shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements.

Accordingly, the Elections Official is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Elections Official may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Elections Official will prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTION 4. MISCELLANEOUS.
a. All candidate statements shall be translated by certified, registered or qualified translators/interpreters meeting the criteria of Elections Code Section 13307(b)(2). b. That candidate’s statement shall comply with the formatting and submission guidelines provided by the City Clerk and the San Bernardino County Registrar of Voters. c. The Elections Official shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.

SECTION 6. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 7. This resolution shall apply only to the special election to be held on November 8, 2022, and then shall be repealed.

SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 18th day of July, 2022 Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

MEETING
DATE: July 18, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sue O’Strander, Community Development Director
Janice Etter, Sr. Principal Planner
SUBJECT: Withdrawal of Appeal of Planning Commission Decision to Deny Minor Modification 2021-136, Noon Lodge Request for Large Outdoor Gatherings at 214 Lagunita Lane (APN 307-061-27)

BACKGROUND
This public hearing has been continued from the May 16, 2022, City Council meeting.

On June 21, 2022, the City received an email from Mr. Paige Gosney, Esquire, representing Noon Lodge, Mr. Dalton Gerlach, formally requesting that the appeal be cancelled and withdrawn. As further requested by Mr. Gosney, the staff will arrange an informal meeting with City staff to discuss the scope of permitted activities at Noon Lodge.

ATTACHMENT

1. Email from Paige Gosney, June 21, 2022
ATTACHMENT 1
1 Janice Etter
From: Paige Gosney
Sent: Tuesday, June 21, 2022 2:56 PM
To: Susan O'Strander; Janice Etter
Cc: Todd Leishman
Subject: Withdrawal of Planning Appeal Application 2022-055 (Noon Lodge; Dalton Gerlach) Good Afternoon:

On behalf of the appellant for Planning Appeal Application 2022-055 and the applicant for Minor Modification 2021-136, Dalton Gerlach and Noon Lodge, we would like to formally request that the appeal for this matter be cancelled and withdrawn.

In lieu of the appeal, and in furtherance of restoring and repairing the relationship between the City and Mr.

Gerlach moving forward, we would like to arrange an informal meeting with City Staff to discuss the Noon Lodge and the scope of permitted activities by residents and guests of the lodge so as to avoid any future issues. Please let us know some potential dates and times that the City is available to meet with us in the next couple of weeks to discuss this matter.

Thank you.

Paige

MEETING
DATE: July 18, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sean Sullivan, Director of Public Services
SUBJECT: Public Hearing and Resolution Approving a Solid Waste Franchise Agreement with Big Bear Disposal, Inc. and Adopting the Solid Waste Rates

BACKGROUND
The collection and disposal of solid waste is a critical service provided for by the City as it provides for the protection of public health, safety, and welfare within the community, reducing health hazards and sanitary concerns. Since 1991, the City has provided these services through a contract with a private waste hauler, Big Bear Disposal, Inc.. Big Bear Disposal’s most recent franchise agreement, which was initially adopted in 2009 and has been extended annually since June 2019, expired as of June 30, 2022.

Over the past eighteen (18) months, staff, in consultation with a Solid Waste Working Group, representatives from Big Bear Disposal, technical consultants, representatives of the vacation rental industry, and other community stakeholders have all worked closely to develop an enhanced and revised scope of work for solid waste services in the City of Big Bear Lake. This scope of work was presented to the City Council in December 2021 and January 2022, with the City Council concurring with the proposed scope on January 11, 2022. Staff proceeded to initiate a Request for Information process to gauge the interest of other waste haulers relative to the City’s contract while also continuing to negotiate directly with Big Bear Disposal. On May 2, 2022, staff presented their efforts to the City Council and the City Council authorized staff to proceed with negotiating the final form of a new franchise agreement with Big Bear Disposal, Inc. for the period through June 30, 2034.

On May 2, 2022, the proposed maximum service rates were presented to the City Council, which approved a resolution authorizing staff to initiate the rate adjustment proceedings pursuant to Proposition 218. Subsequently, all parcel owners within the City were notified of these proceedings, with instructions for how to protest the proposed rate increases in advance of the July 18 public hearing. The City similarly scheduled a public hearing for July 18 to consider the proposed franchise agreement.

Big Bear Disposal and staff have diligently worked to finalize the proposed franchise agreement language for the City Council’s consideration; however, they have been unable to complete the agreement. The efforts have been impacted by a number of external forces affecting the availability of staff from all sides. Given the circumstances that the proposed franchise agreement is not finalized for consideration, staff requests that the City Council open the public hearings regarding the rate adjustment and franchise approval, receive comment and written protests, and continue the items to the City Council meeting scheduled for August 1 for consideration.

DISCUSSION
Since 1991, solid waste services within the City of Big Bear Lake have been provided for through a professional services franchise agreement, with Big Bear Disposal, Inc.. Big Bear Disposal, Inc. provides for all solid waste services within the City, including both residential and commercial services. Residential service includes either or both curbside collection and usage of the Clean Bear Sites, which are drop-off bins designated for household refuse, recycling, green/yard waste, E-waste, universal waste and ashes. These residential services are available to all residential parcels within the City without enrollment or billing. All residential parcels are assessed, on the annual property tax roll, a pass through fee for solid waste services collected by the City and remitted to the contracted hauler. For commercial service, which includes all commercial, governmental, or institutional customers as well as all multi-family housing properties with four (4) or more units, the customer contracts directly with, and is billed by, Big Bear Disposal, Inc..

Pursuant to this arrangement, commercial property owners are not assessed solid waste fees on their property tax bills.

The revised and enhanced scope of services to the solid waste franchise agreement will leave the base framework of service delivery intact but offers updates and enhancements consistent with industry best practices and efforts to comply with SB 1383 requirements and all other applicable solid waste regulations. For residential service, all residential parcels will continue to have access to both curbside collection and the Clean Bear Sites. Residential curbside collection will be transitioned to an automated, cart-based system that will provide separate carts for refuse, recycling, and organic materials. Vacation rental units are eligible, and encouraged, to participate in the usage of curbside collection. Commercial service will remain largely unchanged, with each customer continuing to contract directly with Big Bear Disposal, Inc. for a level of service that best meets the customer’s needs.

SB 1383
SB 1383, Short Lived Climate Pollutants (SLCP): Organic Waste Reductions, is, at its basic level, focused on the reduction of organic materials in landfills. The regulations implementing SB 1383 require many actions including updating solid waste and recycling collection programs to provide source-separated organic waste collection, procuring recovered organic waste products, developing food recovery programs, collaborating regionally on capacity planning for waste diverting organic materials from landfills, and updating local ordinances to enable local enforcement of these SB 1383 regulations.

A key provision of the SB 1383 Regulations is the separation of organic waste from the normal solid waste stream. The City of Big Bear Lake has obtained a waiver from the CalRecycle exempting the City and its residents and businesses from organic waste collection requirements.

Even with this waiver, the City is working towards separating green/yard waste from typical solid waste, which will require a third residential collection route. This will reduce disposal of organic waste at the landfills, meaning that organic waste will be collected, transferred to and processed at certified organics processing sites.

Big Bear Disposal, Inc. Proposed Rates
Under the proposed franchise agreement, Big Bear Disposal, Inc. will continue providing service to the City of Big Bear Lake. The proposed franchise agreement encompasses all of the above described enhancements to the scope of work, including a transition to automated service, the provision of new vehicles and carts, and staffing the Clean Bear Sites, amongst other adjustments.

Additionally, Big Bear Disposal, Inc. and their team will work to maintain the City’s compliance efforts with all existing regulations relative to solid waste collection and disposal, including the SB 1383 Regulations. The proposed franchise agreement will be for a term from August 1, 2022 through June 30, 2034.

Big Bear Disposal, Inc. has proposed the following residential service rates to be effective on August 1, 2022. Staff analyzed the proposed rates against the current marketplace for solid waste rates across San Bernardino and Los Angeles Counties and found that the City’s current service rates are approximately 24% below the present average rate in San Bernardino County. The proposed rates will bring the City’s costs of service closer in line with the marketplace and provide for the enhanced scope of services to meet SB 1383 requirements. Additionally, as all jurisdictions work to implement SB 1383 requirements, it is likely that service rates will increase across the marketplace. The identified maximum rates are inclusive of the City’s required implementation of SB 1383. The proposed residential service rates are as follows:

Service Year
Beginning
Monthly Rate Annual Rate % of Prior Year
Current $22.94 $275.28 -
August 1, 2022 $27.50 $330.00 +20.0%
July 1, 2023 $32.10 $385.70 +16.7%
July 1, 2024 $36.43 $437.16 +13.5%
The proposed rates will subsequently adjust on July 1 in both 2023 and 2024. Future adjustments will be based on inflationary increases. These residential rates are collected by the City on the property tax roll and are remitted to Big Bear Disposal, Inc. by way of monthly billing, as has been the historic practice.

The commercial rates are billed by Big Bear Disposal, Inc. directly to the commercial customers.

Under the proposed agreement, the commercial rates will be adjusted pursuant to the below schedule beginning on August 1. The typical rate for the purposes of analyzing commercial service is one three-yard bin, serviced once per week (1x3x1). The proposed commercial rates for 1x3x1 service is listed below, and the entire rate schedule is attached to this report and included within the public notice.

Service Year Monthly Rate % of Prior Year
Current $138.63
August 1, 2022 $166.36 +20.0%
July 1, 2023 $194.14 +16.7%
July 1, 2024 $220.35 +13.5%
Proposition 218 Process
This Public Hearing was set in compliance with Proposition 218 to ensure maximum transparency and in an abundance of caution and without conceding the applicability to privately provided solid waste service. Proposition 218, known as the Right to Vote on Taxes Act, was approved in 1996 and establishes procedural and substantive requirements for the adoption of increases to propertyrelated fees.

The City mailed notice of the Public Hearing on the proposed increases to solid waste rates and the procedure for submitting a written protest to property owners at least 45 days before the July 18, 2022 Public Hearing. These notices were mailed on May 30, 2022 to the parcel owners of record for all parcels within the City to the address on file with the San Bernardino County Assessor’s Office. Additionally, a Notice of Public Hearing was advertised in the Big Bear Grizzly on July 6, in accordance with the City’s standard procedures for public hearings.

During the Public Hearing on this item, the City Council will hear testimony from any and all interested parties, including property owners, solid waste customers, business owners, and the general public. Upon conclusion of the Public Hearing, all written protests submitted to the City Clerk will be tabulated. In order for a written protest to be counted, it must include the location of the identified parcel, the name and signature of the property owner/tenant; and a clear written statement protesting the rate increase. If a majority protest does not exist, the City Council may adopt the resolution approving the proposed solid waste rates.

Next Steps
As noted within the report, there are a few pending issues to finalize in the proposed franchise agreement. As such, staff is not recommending approval of the agreement or rates at this meeting.

Staff requests that the City Council open the public hearings for both the rates and agreement and receive any public comment and written protests on the rates. It is further requested that the City Council both items to the August 1st meeting for final consideration.

FISCAL IMPACT
Solid Waste Services are funded through the Refuse Fund and there is no fiscal impact to the General Fund for these services. Based upon the proposed rates, the City will collect approximately $2,845,000 from residential customers and property owners for Fiscal Year 2022-

23. These revenues are collected on the property tax roll and are remitted directly to the franchise hauler by way of monthly invoicing for services. The anticipated total. revenue represents the specified increase of 20% over the previous year’s revenue.

ENVIRONMENTAL CONSIDERATIONS
There is no environmental review associated with the adoption of the solid waste franchise agreement or the solid waste rates. The Resolution is statutorily exempt from the requirements of CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a).

RECOMMENDATION
Staff is recommending that the City Council conduct a public hearing and tabulate any written protests received to determine if a majority protest exists for the proposed solid waste rates. Staff requests that the City Council then continue the item to the City Council meeting scheduled for August 1, 2022.

ATTACHMENT

1. Resolution 2022-XX
ATTACHMENT 1
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING A SOLID WASTE FRANCHISE
AGREEMENT WITH BIG BEAR DISPOSAL, INC. AND

ADOPTING SOLID WASTE SERVICE RATES
WHEREAS, Big Bear Disposal, Inc. has provided solid waste collection services within the City of Big Bear Lake (“City”) since 1991 pursuant to an exclusive solid waste franchise agreement, and such agreement expired on June 30, 2022; and
WHEREAS, since the approval of the original agreement and its amendments, California law changed to now require the City to implement additional solid waste diversion programs that were not included as part of the original agreement or amendments thereto; and WHEREAS, Big Bear Disposal, Inc. will continue to provide solid waste collection services that will comply with regulations to implement SB 1383 (Chapter 395, Statutes of 2016) (“SB 1383 Regulations”), to the City for a period of twelve (12) years ending June 30, 2034; and WHEREAS, the City desires to approve a new franchise agreement with Big Bear Disposal, Inc. with an updated scope of service and rates for such service; and WHEREAS, the rate structure for the monthly solid waste service fees has three customer classes:
(i) single family, (ii) vacant lots, and (iii) multi-family and commercial; and WHEREAS, the rate structure for refuse, recycling and organics collection is based on the container size, type of materials accepted in the containers, and frequency of collection; and WHEREAS, the City has determined that it is necessary to impose new, increased or modified rates for its solid waste service charges (collectively herein, the “Charges”); and WHEREAS, the revenues derived from the Charges will not exceed the funds required to provide the solid waste services and shall be used exclusively for the provision of solid waste collection services; and
WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the Charges will not be imposed on a parcel unless the solid waste services are actually used by, or immediately available to, the owner of the parcel; and WHEREAS, article XIII D, section 6 of the California Constitution requires that prior to imposing any increase to the Charges, the City shall provide written notice by mail of the new or increased Charges to the record owner of each parcel upon which the Charges are proposed for imposition and any tenant directly liable for payment of the Charges (the “Notice”); and WHEREAS, the Notice provides information about the amount of the rates for the Charges proposed to be imposed on each parcel, the basis upon which the rates for the Charges were calculated, the reason for the rate increases to the Charges, and the date time and location of a public hearing (the “Hearing”) on the proposed rate increases to the Charges; and WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and tenants not less than 45 days prior to the Hearing on the proposed rate increases; and
WHEREAS, the City mailed the Notice in accordance with Article XIII D and the Hearing was held on this day, July 18, 2022; and
WHEREAS, at the Hearing the City Council heard all oral testimony, and considered all written materials and written protests concerning the establishment and imposition of the proposed rate increases to the Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases to the Charges from a majority of the record owners or property upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges (i.e., a customer of record who is not a property owner); and
WHEREAS, the City Council now desires to establish and impose the proposed Charges.

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

1. The above recitals are all true and correct and are incorporated herein.

2. The City Council hereby adopts the Charges for solid waste collection services at the maximum rates, and on the effective dates, as set forth in Exhibit A attached hereto and incorporated herein by this reference.

3. For the fiscal years beginning on July 1, 2025, and July 1, 2026, the highest maximum rates provided in Exhibit A in effect shall be automatically annually by multiplying each rate by the greater of two percent (2%) or the percentage equal to the change in the Consumer Price Index for All Urban Consumers, not seasonally adjusted, all items index (CPI-U) – Los Angeles-Long Beach-Anaheim, CA average (series ID CUUSS49ASA0), as determined by the United States Bureau of Labor Statistics, for the twelve (12) month period ending on the date of December 31 immediately prior to the applicable adjustment date. All CPI adjustments shall be subject to a cap of 5%.

4. For the fiscal year beginning July 1, 2023, and annually thereafter on July 1 through and including July 1, 2026, the maximum rates provided in Exhibit A shall be automatically adjusted for changes in tipping or gate fees charged by the landfill, transfer station and material recovery facility not owned by Big Bear Disposal, Inc. The maximum adjustment for tipping or gate fees shall be capped at 10% each year.

5. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the City Council that the Charges adopted pursuant to this Resolution shall prevail.

6. The City Council hereby approves the Franchise Agreement for the Handling of Discarded Materials and Provision of Other Related Services, attached hereto as Exhibit B and incorporated herein by this reference.

7. The City Council hereby finds that the administration, operation, maintenance, and improvements of the solid waste collection system, which are to be funded by the Charges, are necessary to maintain solid waste services within the City’s existing service area. The City Council further finds that such Charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. Based on these findings, the City Council hereby determines that this Resolution is statutorily exempt from the requirements of CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a). The documents and materials that constitute the record of proceedings on which these findings have been based are located at 39707 Big Bear Boulevard, Big Bear Lake, CA 92315. The custodian for these records is the City Clerk of the City.

8. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

9. This Resolution take effective immediately upon adoption.

10. The City Manager or his or her designee is hereby authorized to take all actions necessary to implement this Resolution.

11. The City Clerk shall certify to the passage and adoption of this Resolution.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
Effective August 1, 2022 July 1, 2023 July 1, 2024
Residential Cart Service / Monthly $ 27.50 $ 32.10 $ 36.43 To Be Billed on Property Tax
Each Additional Refuse Container $ 10.19 $ 11.89 $ 13.49 Pine Needles Above 15 Bags/Week $ 1.91 $ 2.23 $ 2.53
Vacant Lots $ 1.52 $ 1.78 $ 2.02
To be Be Billed On Property Tax
Commercial Trash Rates
2 Yard Bin Service
1 Time per week service $ 111.37 $ 129.97 $ 147.52
2 Time per week service $ 222.70 $ 259.89 $ 294.97
3 Time per week service $ 334.06 $ 389.84 $ 442.47
4 Time per week service $ 445.43 $ 519.81 $ 589.99
5 Time per week service $ 558.24 $ 651.47 $ 739.41
6 Time per week service $ 668.16 $ 779.74 $ 885.01
7 Time per week service $ 779.53 $ 909.71 $ 1,032.53
3 Yard Bin Service
1 Time per week service $ 166.36 $ 194.14 $ 220.35
2 Time per week service $ 332.83 $ 388.41 $ 440.85
3 Time per week service $ 499.24 $ 582.61 $ 661.26
4 Time per week service $ 665.66 $ 776.83 $ 881.70
5 Time per week service $ 831.86 $ 970.79 $ 1,101.84
6 Time per week service $ 998.44 $ 1,165.17 $ 1,322.47
7 Time per week service $ 1,164.95 $ 1,359.49 $ 1,543.03 4 Yard Bin Service
1 Time per week service $ 221.47 $ 258.46 $ 293.35
2 Time per week service $ 442.94 $ 516.92 $ 586.70
3 Time per week service $ 665.51 $ 776.65 $ 881.50
4 Time per week service $ 887.11 $ 1,035.26 $ 1,175.02
5 Time per week service $ 1,107.98 $ 1,293.02 $ 1,467.57 6 Time per week service $ 1,330.06 $ 1,552.18 $ 1,761.72 7 Time per week service $ 1,551.56 $ 1,810.68 $ 2,055.12 Roll-off Containers
30 yard - seven (7) days use $ 341.69 $ 398.75 $ 452.58 (Includes one (1) dump) + Add'l per ton $ 81.85 $ 95.52 $ 108.42 Daily Rental after seven (7) days $ 11.33 $ 13.22 $ 15.00 Exhibit A
Maximum Solid Waste Service Rates
Effective August 1, 2022
Commercial Can Service
2 cans solid waste - 1 can recycle $ 28.80 $ 33.61 $ 38.15 3 cans solid waste - 1 can recycle $ 39.68 $ 46.31 $ 52.56 4 cans solid waste - 2 cans recycle $ 54.71 $ 63.84 $ 72.46 5 cans solid waste - 2 cans recycle $ 65.44 $ 76.36 $ 86.67 6 cans solid waste - 2 cans recycle $ 79.98 $ 93.34 $ 105.94 7 cans solid waste - 3 cans recycle $ 91.27 $ 106.51 $ 120.89 Special Serivices
Manual pull-out for front loading bin $ 5.83 $ 6.81 $ 7.72 Special Bin with Locking Lids $ 68.04 $ 79.40 $ 90.12
Commercial start-up and bin delivery fee $ 62.06 $ 72.43 $ 82.21 Weekend Rates $ 15.53 $ 18.12 $ 20.57
Commercial Recycling
2 Yard Bin Service
1 Time per week service $ 74.76 $ 87.24 $ 99.02
2 Time per week service $ 148.12 $ 172.85 $ 196.19
3 Time per week service $ 224.29 $ 261.75 $ 297.08
4 Time per week service $ 299.10 $ 349.05 $ 396.17
5 Time per week service $ 375.30 $ 437.98 $ 497.10
6 Time per week service $ 448.60 $ 523.51 $ 594.19
7 Time per week service $ 523.38 $ 610.78 $ 693.24
3 Yard Bin Service
1 Time per week service $ 111.49 $ 130.11 $ 147.68
2 Time per week service $ 223.06 $ 260.31 $ 295.45
3 Time per week service $ 334.57 $ 390.45 $ 443.16
4 Time per week service $ 446.10 $ 520.60 $ 590.88
5 Time per week service $ 557.46 $ 650.56 $ 738.38
6 Time per week service $ 669.10 $ 780.84 $ 886.25
7 Time per week service $ 780.71 $ 911.09 $ 1,034.08
4 Yard Bin Service
1 Time per week service $ 148.30 $ 173.06 $ 196.42
2 Time per week service $ 296.56 $ 346.08 $ 392.80
3 Time per week service $ 445.94 $ 520.42 $ 590.67
4 Time per week service $ 594.37 $ 693.63 $ 787.27
5 Time per week service $ 741.89 $ 865.78 $ 982.66
6 Time per week service $ 890.92 $ 1,039.70 $ 1,180.06
7 Time per week service $ 1,039.25 $ 1,212.80 $ 1,376.53 Exhibit B
Franchise Agreement

TO BE CONSIDERED BY CITY COUNCIL AT THE
AUGUST 1, 2022 REGULAR CITY COUNCIL MEETING

MEETING
DATE: July 18, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu., Interim City Manager
FROM: Kelly Ent, Director of Administrative Services
SUBJECT: Resolution Approving the Placement of Sewer and Refuse Fees on the FY 2022-23 Tax Roll

BACKGROUND
City Council will conduct a public hearing to place previously established rates for collection and transmission of affluent through the City’s sewer system to the Big Bear Area Regional Wastewater Authority (BBARWA) for treatment as well as City Refuse Fees for administration and operations associated with the provision of solid waste services, hazardous materials disposal, engineering services related to regulatory and environmental programs and maintenance of the City owned Clean Bear Site across from City Hall on the tax roll for collection. This action does not include the establishment and collection of fees associated with the solid waste franchise agreement with Big Bear Disposal.

DISCUSSION
Property owners are provided with sewer and refuse services and are assessed a fee for these services. The amount of the charge is dependent upon whether the property is improved/developed or unimproved/vacant. The land use also indicates the charges that apply: Residential and commercial properties pay for sewer services whereas only residential properties are assessed refuse fees. The collection of assessments via the property tax roll requires the City Council to conduct a public hearing to receive comment and the adoption of a resolution to submit established rates to the San Bernardino County Auditor/Controller for placement on the property tax roll.

Sewer Fees:

City sewer user fees were last established on October 28, 2019 through the adoption of Ordinance No. 2019-473. Pursuant to this ordinance, the City’s established rate of $259.07 is subject to an inflationary adjustment based on the change in the consumer price index (CPI). The CPI for FY 2022-23 is 8.5%; however, Ordinance No. 2019-473 includes a cap on the inflationary adjustment of 5%. Therefore, the City’s sewer fee for FY 2022-23 will be $272.02.

The Board of Directors for BBARWA establishes sewer rates for treatment of affluent and vacant parcel standby services. For FY 2022-23, the BBARWA adopted rate will increase 6.5%; however, the City’s Ordinance No. 2019-473 enables the pass through of BBARWA fees and limits the annual pass through adjustment to a maximum of 5% creating a shortfall of $3.50 per Equivalent Dwelling Unit (EDU), or approximately $40,000 for FY 2022-23. At the May 16, 2022, budget workshop it was determined that the Sanitation Fund has sufficient fund balance available to absorb the shortfall for this year. If the imbalance continues beyond FY 2022-23, the City Council can consider establishing a pass through of the full charge in subsequent years. The BBARWA established rates for vacant parcels will remain unchanged in FY 2022-23.

Refuse Fees:

Similar to the sewer fees, on October 28, 2019, the City Council adopted Ordinance No. 2019-474 which established City refuse fees and the pass through of charges associated with the solid waste franchise agreement with Big Bear Disposal. With the expiration of the solid waste franchise agreement and the award of a new contract under consideration this evening, the establishment of pass through fees associated with the solid waste franchise agreement is not being considered as part of this action. Pursuant to Ordinance No. 2019-474, the City’s established refuse fee of $122.60 is subject to a CPI adjustment up to a maximum of 5%. Therefore, the FY 2022-23 City’s refuse fee assessment will be $128.73.

FISCAL IMPACT
There is no fiscal impact. Established rates have been incorporated into the FY 2022-23 budget.

Adopting the attached resolution merely authorizes the rates to be placed on the tax roll for collection purposes.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under California Environmental Quality Act.

RECOMMENDATION
It is recommended that the City Council:

1. Conduct a public hearing to receive comments regarding the placement of sewer and refuse fees on the FY 2022-23 property tax roll, and

2. Approve the attached Resolution authorizing the placement of sewer and refuse fees on the FY 2022-23 property tax roll.

ATTACHMENTS

1. Resolution No. 2022-XX

2. Written Report of Assessed Fees by Land Use
ATTACHMENT 1
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING THE PLACEMENT OF CITY SEWER

USER FEES, BIG BEAR AREA REGIONAL WASTEWATER AGENCY

USER AND STANDBY FEES, AND CITY REFUSE FEES
ON THE FISCAL YEAR 2022-23 TAX ROLL
WHEREAS, pursuant to Sections 5471 of the California Health and Safety Code, the City Council of the City of Big Bear Lake (“City”) adopted Ordinance No. 2019-473 establishing reasonable rates and fees for collection and transmission of affluent through the City’s sewer system (“City Sewer User Fees”) to the Big Bear Area Regional Wastewater Authority (“BBARWA”) for treatment, and
WHEREAS, pursuant to the Joint Powers Agreement with the BBARWA, the City shall, acting as agent, impose and collect a sewer standby fee (“BBARWA Sewer Standby Fees”) against all unimproved parcels of real property which are located within 200 feet of a sewer main; and WHEREAS, the Board of Directors establishes fees for treatment of affluent (“BBARWA Sewer User Fees”) and the unimproved parcel fees (“BBARWA Sewer Standby Fees”); and WHEREAS, Ordinance No. 2019-473 provides for the imposition of annual inflationary adjustments to established rates equal to the greater of 2% or the Consumer Price Index for All Urban Consumers (“CPI-U”), published by the U. S. Department of Labor for the Los AngelesLong Beach-Anaheim statistical area; however, such increase shall not exceed 5% annually; and WHEREAS, the CPI-U for FY 2022-23 is 8.5%; therefore, the imposed inflationary adjustment pursuant to Ordinance No. 2019-473 is 5% for Fiscal Year 2022-23; and WHEREAS, pursuant to Sections 5471 of the California Health and Safety Code, the City Council of the City of Big Bear Lake (“City”) adopted Ordinance No. 2019- 474 establishing City Refuse Fees for administration and operations associated with the provision of solid waste services, hazardous materials disposal, and engineering services related to regulatory and environmental programs as well as the maintenance of the City owned Clean Bear Site across from City Hall (“City Refuse Fees”) and pass through charges for collection and disposal of solid waste by the City’s franchise waste hauler (“Big Bear Disposal Refuse Fees”); and WHEREAS, City Ordinance No. 2019-474 includes the imposition of annual inflationary adjustments to established rates equal to the greater of 2% or the CPI-U subject to a cap of 5%; and
WHEREAS, the CPI-U is 8.5%; therefore, the imposed inflationary adjustment pursuant to Ordinance No. 2019-474 is 5% for FY 2022-23; and
WHEREAS, on May 2, 2022, the City Council initiated Proposition 218 proceedings and noticed a Public Hearing to consider the solid waste service rates on July 18, 2022 which will require separate action of the City Council; and
WHEREAS, pursuant to Section 5473 of the California Health and Safety Code, the City Council has elected to have the City Sewer User Fees, BBARWA Sewer User and Standby Fees and City Refuse Fees for the Fiscal Year 2022-23 forwarded to the San Bernardino County Auditor/Controller to be collected on the tax roll in the same manner, by the same persons and at the same time, together with and not separate from, the general taxes, and has caused a written report of Assessed Fees by Land Use (“Written Report”), a copy of which is attached hereto and by this reference incorporated herein, to be prepared and filed with the City Clerk containing the number of Equivalent Dwelling Units (“EDU”) and real property parcels by land use subject to the said fees and the amount to be imposed thereon for Fiscal Year 2022-23; and WHEREAS, the City Clerk caused a notice of the filing of this Written Report and of the time and place of the hearing thereon to be published all in accordance with California Health and Safety Code section 5473.1; and
WHEREAS, on July 18, 2022, at 6:00 p.m., the City Council conducted the hearing on the Written Report and heard and considered all objections or protests thereto, and has determined and hereby finds that protests have not been made by the owners of a majority of the separate parcels or property described in the Written Report; and
WHEREAS, the City Sewer User Fees, BBARWA Sewer User and Standby Fees, and City Refuse Fees shall constitute a lien against the parcel or parcels of land described in the Written Report in accordance with California Health and Safety Code sections 5473 et seq.; and WHEREAS, the City Council has adopted Ordinance No. 86-131 relating to establishment of a fee and service charge and cost comparison system; and
WHEREAS, the City Manager has analyzed the costs of services for the subject service centers.

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

1. The City Council hereby finds and determines that the above Recitals are true and correct.

2. The Written Report filed with the City Clerk contains the number of Equivalent Dwelling Units (“EDU”) and real property parcels by land use subject to City Sewer User Fees, BBARWA Sewer User and Standby Fees and City Refuse Fees and the amount of said fees for Fiscal Year 2022-23 to be imposed thereon, and the Written Report is therefore approved and adopted.

3. The City Sewer User Fees, BBARWA Sewer User and Standby Fees and City Refuse Fees for the Fiscal Year 2022-23 shall be forwarded to the San Bernardino County Auditor/Controller and shall be collected on the tax roll in the same manner, by the same person, at the same time, together with and not separate from the general taxes.

4. The Fiscal Year 2022-23 fees to be collected on improved/developed parcels are as follows:

City Sewer User Fees $272.02 per EDU
BBARWA Sewer User Fees $252.25 per EDU
City Refuse Fees $128.73 per EDU

5. The Fiscal Year 2022-23 fees to be collected on unimproved/vacant parcels are as follows:

BBARWA Sewer Standby Fees $20.00 per parcel under one (1) acre BBARWA Sewer Standby Fees $30.00 per parcel one (1) acre or larger

6. On or before August 10, 2022, the City Clerk is hereby directed to file with the San Bernardino County Auditor/Controller a copy of the Written Report, with a statement endorsed thereon over her signature that this has been fully adopted by the City Council, together with a certified copy of this Resolution, and shall request that the City Sewer User Fees, BBARWA Sewer User and Standby Fees, and City Refuse Fees be collected on the tax bills for the taxable parcels in the City identified in the Written Report along with the ordinary ad valorem taxes to be levied on and collected from owners of said parcels.

PASSED, APPROVED AND ADOPTED this 18th day of July, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ATTACHMENT 2
City of Big Bear Lake
Assessed Fees by Land Use
Fiscal Year 2022‐23
Land Use EDU's
Parcel
Count Sewer User Fees BBARWA Sewer Fees Refuse Fees
Residential 8,470.0 8,152 $ 2,304,009.40 $ 2,136,557.50 $ 1,090,343.10 Commercial 3,118.3 944 $ 848,239.97 $ 786,591.18 ‐ $ Vacant 1,399.0 ‐ 1,399 $ $ 28,010.00 ‐ $ Hand Bills 285.4 24 $ 77,362.49 $ 71,739.90 $ 128.73 Grand Total 13,272.7 10,519 $ 3,229,611.85 $ 3,022,898.58 $ 1,090,471.83

MEETING
DATE: July 18, 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 Accepting the Due Diligence Efforts and Proceeding with the Ground Lease for 19-Acres of Property from the Bear Valley Mutual Water Company

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. The subject property fronts Big Bear Boulevard and has nearly 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 and expiring on June 8, 2022. In May 2022, Bear Valley Mutual graciously offered the City an extension of the due diligence period through July 30, 2022, to complete additional due diligence activities. 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. The lease has been approved and executed; however, should the City wish to terminate the lease based upon the due diligence findings, it must take action to do so prior to July 30, 2022.

The due diligence activities were comprised of several efforts including environmental analysis of the site, assessment and operational analysis of the mobile home park and other property features, and meetings and discussions with the key stakeholders. The due diligence efforts have found that the site does require enhanced care and maintenance but that ultimately it is in a reasonable and acceptable condition for the City to continue with the lease and further its plans for park and other development considerations on the site.

Throughout the due diligence period, staff has worked closely with the team at the Caritas Corporation and has built a productive working partnership with them. As their advice and insight were invaluable in analyzing this property, staff believes it would be prudent to continue this relationship with them as we transition to the management of his property. Staff will present an overview of a proposed property management agreement with the Caritas Corporation and seek consensus form the City Council on negotiating a final form of the agreement for approval on August 1, 2022.

DISCUSSION
In November 2021, the City Council authorized a ground lease agreement with Bear Valley Mutual Water Company for approximately 19-acres of property between Big Bear Boulevard and Big Bear Lake. The lease, which was effective on December 8, 2021, has a term of 99-years and is subject to a due diligence review period. The project fronts Big Bear Boulevard and maintains approximately a half-mile of lake frontage. The property presently maintains two (2) commercial restaurants, two (2) single family dwelling units, and a fifty-nine (59) space mobile home park.

The City’s interest in this property is pursuing the enhancement of public access to the site and developing a public park. The City may pursue other development opportunities on the property as well so long as at least half of the site acreage is reserved for public access and park space. The City, upon effectiveness of this lease, will assume all management rights and responsibilities related to the existing leases and uses within the site.

The due diligence period, which was mutually extended through July 30, 3022, provides the City, as the lessee, the opportunity to conduct review and investigation of the premises to ensure that they desire to continue with the lease. A summary of the activities undertaken by the City during this due diligence period includes:
• Legal Review – The City Attorney’s Office has performed critical review and support of the effort from the onset. The attorneys have assisted in developing and reviewing the lease agreement, advising on matters of the due diligence process, and developing the proposed property management agreement.
• 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 & Phase II Environmental Site Assessments –Essel Environmental was retained to complete a Phase I Environmental Site Assessment, which conducted a comprehensive review of the history of the site based upon all available records and documentation, as well as 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. Under the advice of the City Attorney, staff proceeded with authorize Essel to perform a Phase II Environmental Site Assessment, which includes the collection and analysis of groundwater, surface water, and soil to test for the presence of materials that may indicate environmental contamination.

The Phase II assessment also found no recognized environmental conditions associated with the site.
• Physical Site Review/Inspection – 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 associated with the facilities. Staff has reviewed plans and records, contacted and coordinated with utility providers and other sources of background information on the site. A comprehensive video inspection of the sewer system was completed.
• Fiscal / Operation Review – Staff reviewed the available financial information to conduct an analysis of the known revenues and expenses related to the site uses and operation. This includes the mobile home park as well as the other residential and commercial operations. • Mobile Home Park Assessment – On May 16, 2022, the City Council authorized staff to retain the Caritas Corporation to provide a detailed review and assessment of the operations, finances, and physical condition of the mobile home park. As the mobile home park is a key feature of the property, it is critical to understand all of the nuances of this facility. 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 has provided a detailed analysis and assessment of the site and associated operations based upon their extensive experience and the use of expert subconsultants.

Summary of the Key Findings from the Due Diligence Activities As outlined above, the due diligence activities undertook a comprehensive review of the physical characteristics of the property, the history of the past uses of the property, and assorted operational analyses related to the current uses within the property. Overall, the physical condition of the site as well as the history and survey information are all acceptable. The property descriptions, easements, and any other legal encumbrances are consistent with what was represented to the City, there are no underlying easements or claims to the property that could potentially interfere with any future efforts or initiatives of the City related to the usage or control of the property.

Additionally, both a Phase I and Phase II Environmental Site Assessments were completed and yielded no findings of environmental impacts or concerns related to previous uses or activities within the site.

The Caritas Corporation performed a detailed review and analysis of the conditions and operations of the Mobile Home Park. While their findings established a punch list of items that need to be reviewed and addressed, from physical conditions to operations, they also saw opportunity within the park. Ultimately, their report summarizes their findings in saying that we believe that new ownership providers a great opportunity for new direction. Furthermore, they specify that while there is still considerable investigation and analysis to be completed, Caritas is confident that the future for Leisure Bear Mobile Home Park is much greater than history has shown.

A critical finding of the report is that the rents within the mobile home park are presently below market but are in line with the existing condition of the park. A pro forma that was generated by Caritas indicates that even with the status of the rents, the mobile home park generates sufficient routine and recurring income to cover the ongoing, basic maintenance and operations of the park as well as generating a modest surplus. There will need to be further review and analysis to develop a plan for the costs and funding mechanisms associated with the necessary investment to capture the deferred maintenance items and update the park.

City Staff additionally reviewed the leases associated with the two (2) commercial restaurant properties and two (2) residential buildings. At this time, the condition of these elements of the property are in good working condition and do not presently represent considerable risk exposure to the City. The residential properties are on month-to-month leases and the restaurant properties are under an existing lease through February 2024. As the controlling party, the City or a designated property manager, will review and negotiate relative to these leases when appropriate.

Based upon the efforts undertaken through this due diligence process, staff has not identified any conditions or issues associated with the properties that would cause for there to be a recommendation to terminate the lease. Staff would recommend that the City proceed with the lease, which was executed on December 8, 2021 and which would become effective August 1, 2022. By proceeding as such, the City of Big Bear Lake will become the controlling party over the property and all associated leases and operations on that date.

The Caritas Corporation
City staff and staff from the Caritas Corporation have developed a strong and valuable working relationship during this due diligence process. The Caritas Corporation has brought the approach and the lens for reviewing this opportunity as though this were a property that they were considering purchasing themselves. Caritas Corporation, a nonprofit corporation, has an approach that is fitting for this project as they have an extensive history in both mobile home parks and affordable housing. Caritas owns and operates more than twenty (20) mobile home parks in California and additional facilities in Oregon. 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 to maintain and improve 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.

Staff is proposing a Property Management Agreement with the Caritas Corporation to take on all management and oversight of the Leisure Bear Mobile Home Park as the City transitions into the controlling position as the ground lease becomes effective. In this role, Caritas would provide turnkey oversight and operation of the facility during the transition. Caritas Corporation proposes support from the their partner agency, Birtcher Anderson & Davis Associates, Inc., to provide the day to day property management activities, as is the model Caritas employs for most of their parks.

This agreement would allow Caritas to take on all duties and responsibilities from collecting rents and paying for utilities and services to ordering maintenance and repairs. Caritas would manage the cash flow to support the operations of this park while maintaining accountability to the City for all duties and responsibilities described herein. The City will retain the role of oversight and advisory as to the operations, without responsibility for the day to day management of the park.

In addition to the routine management of the park, the Caritas team will also provide detailed transition support and long range planning. Some of the activities that Caritas would support is the messaging and branding associated with the change of operations and assist in developing interaction with the community. Their team will also provide additional thorough inspection of the site and develop a work plan related to the necessary improvements to the physical facilities, especially in regard to long range capital items. Finally, Caritas and the City will continue to partner on the upgrading and improving of the area to improve the quality of life for those that live in the park.

Staff intends to propose an initial term of this agreement for the initial transition through December 31, 2022. This brief, initial term would allow Caritas and the City to do further operational analysis while getting an initial comfort level for the operations of the facility. The intent is to garner sufficient insight, knowledge, and experience to mutually develop a long-term property management agreement prior to the expiration of this initial period. For this initial period, the total costs to Caritas would be approximately $65,000, which includes the proposed turnkey transition and property management service.

Based upon the due diligence review, the cash flow associated with the incomes and expenditures of the Leisure Bear Mobile Home Park can bear these management expenses. The proposed fee is in line with the current costs for managing the park as indicated in data reviewed on behalf of Bear Valley Mutual Water Company.

Staff is seeking feedback and review of this proposal as well as direction as how to move forward.

Should the Council be comfortable with this approach, staff would work with the City Attorney, as well as Caritas and their counsel, to develop a final form of a property management agreement for consideration by the City Council on August 1.

Transition
Staff and the team from Caritas are refining a transition plan that can be executed in a timely manner to ensure the ease of transition for the operations as well as the residents. As staff and the property managers can execute the technical and practical elements of the transition in a routine method, the primary focus of the transition will be communicating the change to the residents. The team is working to arrange a meeting, for the residents, to be held toward the end of August or early September, which will provide the opportunity for the residents to interact with the team and have all their questions answered. Additionally, should the lease agreement and transition of the property move forward, the City and Bear Valley Mutual Water Company will develop and distribute an initial letter to the residents informing them of the change as soon as possible. From there, the City and the team will continue with ongoing engagement and communication with the residents.

As outlined within the due diligence and anecdotal feedback, the facility will require some clean up and refreshing with many items that can be undertaken in the near term. Knowing that there is work to be done and that a transition of this nature can create consternation amongst the residents, the desired approach will be to maintain consistency in rent and general policies for residents during the first 6 – 12 months while the transition is implemented. As the focus of the transition begins to turn to a more long-term vision, from the immediate take over, the team would look more closely at improvements, policy and rule updates, and the economics of the park, with the goal of creating a high quality and affordable place to live.

As for the property at large, inclusive of the open space, commercial and residential spaces, staff would propose to initiate, right away, some initial clean up and improvement of the common spaces. This immediate effort will include landscape and debris clean up, the removal of old, unused structures and concrete pads, and improving the signage. The overall intent is to demonstrate our level of commitment to this property through our care for the property.

Long Range Planning
As the transition is underway staff will also begin working on the initial steps associated with public access and park development on the site, as this is the primary motivator behind the property acquisition. In the coming months, staff will develop a plan to conceptualize and advance plans for long term improvements and opportunities at the site. Initially, staff would work across City departments, and possibly with a land use consultant, to determine the best and maximum uses of the land relative to commercial and park development opportunities. Staff would also seek to engage a park planning or landscape architecture consultant to assist with developing park concepts.

A key element of this planning and development activity will be stakeholder and community engagement as this will likely be the largest public park and access project within the City for some time. Engagement and feedback will be critical, especially from the individuals that either reside or operate businesses on the site that will very much interact with any improvements and developments. As staff formulates a plan to proceed with these efforts relative to the property we will provide additional updates and requests of the City Council.

FISCAL IMPACT
The terms of the lease require the City of Big Bear Lake to remit to Bear Valley Mutual $100,000 at the execution of the lease for the first-year term. Subsequent years of the lease will be subject to a cumulative 2% annual escalator. As the property acquisition is rooted in park development and creating public access, the annual lease payment will be borne by Measure Y proceeds, as Measure Y is a portion of occupancy taxes paid by overnight visitors to the City for infrastructure development and maintenance.

As outlined within the pro forma prepared by the Caritas Corporation, the mobile home park should maintain sufficient income from the rents to cover the routine management and ordinary expenses associated with operating the facility. In addition to the mobile home park, the City would also collect rents from the two (2) restaurant properties and two (2) residential properties, in an amount of approximately $53,000 per year based upon current rent structures. This revenue is not accounted for relative to the financial status of the mobile home park and the City would receive this as unrestricted general fund revenue.

Staff is further proposing that the City Council appropriate $150,000 in Measure Y proceeds to perform some of the initial clean up and transition related improvements to the site. These funds would support landscape maintenance, debris removal, the securing or removing of structures, improvement of signage, and other efforts to improve the aesthetics and conditions of the facility.

Staff proposes that the funds be appropriated to the current fiscal year budget and staff will administer them for these efforts, consistent with the City’s purchasing policy.

Staff is recommending that the City Council appropriate Measure Y funds, in the amount of $250,000 to make the initial lease payment and to support the initial cleanup and transition activities. Going forward, staff will work to capture the lease obligations and other funding needs associated with this site in the annual budget adoption.

ENVIRONMENTAL CONSIDERATIONS
This report does not require review pursuant to the California Environmental Quality Act (CEQA).

RECOMMENDATION
It is recommended that the City Council accept the findings of the due diligence activities and adopt a resolution to continue with the lease of the property known as the Bear Valley Mutual Property. Additionally, it is recommended that the City Council provide feedback and direction on the proposed property management agreement with the Caritas Corporation.

ATTACHMENT

1. Resolution 2022-XX
ATTACHMENT 1
RESOLUTION NO. 2022-XX

RESOLUTION ACCEPTING THE DUE DILIGENCE EFFORTS

AND PROCEEDING WITH THE GROUND LEASE FOR
19-ACRES OF PROPERTY FROM THE BEAR VALLEY

MUTUAL WATER COMPANY
WHEREAS, in November 2021, the City Council approved a 99-year ground lease with Bear Valley Mutual Water Company for approximately 19 acres of lakeside property with the intention of pursuing a future park development; and,
WHEREAS, the lease agreement was executed on December 8, 2021 and provided for a sixmonth due diligence period for the City to undertake all necessary investigation and review of the property to determine whether the City is finalizing the lease and this due diligence period expires on June 8, 2022; and,
WHEREAS, in May 2022, Bear Valley Mutual Water Company graciously offered an extension to the due diligence period through July 30, 2022; and, WHEREAS, staff has undertaken several efforts associated with the due diligence activities including a review of title documents, review by the City Engineer, site review and inspection with operations staff, and an analysis of the books associated with the operational revenues and expenses; and,
WHEREAS, key contributing efforts of the due diligence review include the review and analysis, by the Caritas Corporation, of the Leisure Bear Mobile Home Park and both a Phase I and Phase II Environmental Site Assessments conducted by Essel Environmental; and, WHEREAS, the due diligence review conducted by the Caritas Corporation identified deficiencies and areas of concern associated with the mobile home park but ultimately found that it is in acceptable condition and has considerable potential; and, WHEREAS, an operational pro forma developed for the Leisure Bear Mobile Home Park determines that the park generates sufficient recurring and routine revenue to cover the ongoing, basic maintenance and operations of the park; and,
WHEREAS, Essel Environmental completed both a Phase I and Phase II Environmental Site Assessments, which include reviews of the historic condition and usage of the property and surrounding properties, and took groundwater, surface water, and soil samples for analysis looking for indicators of possible environmental concerns; and, WHEREAS, both the Phase I and Phase II Environmental Site Assessment found no existing, of evidence of any, environmental conditions associated with the site; and, WHEREAS, staff has engaged with multiple stakeholders throughout this process, including residents, managers and service providers, and operators of the existing commercial operations to review thoughts and concerns associated with this proposal; and, WHEREAS, the totality of the findings associated with the due diligence review have not produced any items of concern or cause to terminate the lease as executed; and, WHEREAS, staff is recommending that the City continue with the 99-year ground lease as was approved on November 1, 2021 and executed on December 8, 2021; and, WHEREAS, the lease terms require the payment of $100,000 for the first year of the lease; and, WHEREAS, staff has identified transition activities and clean up items associated with the clean up of the property that will cost approximately $150,000; and, WHEREAS, these activities are related to the acquisition of this property for the purpose of public access and park development, staff recommends the appropriation of $250,000 in Measure Y proceeds to satisfy the initial lease payment and undertake the described transition activities.

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

1. The City of Big Bear Lake accepts the findings of the due diligence activities associated with the 99-year ground lease of property owned by the Bear Valley Mutual Water Company.

2. The City of Big Bear Lake will proceed with the 99-year ground lease of property owner by the Bear Valley Mutual Water Company, effective December 8, 2021, with the transition of the property to the City of Big Bear Lake effective August 1, 2022.

3. A budget appropriation of $250,000 from the Measure Y fund shall be made to the adopted Fiscal Year 2022-23 Annual Budget for the initial lease payment and described transition activities.

PASSED, APPROVED AND ADOPTED this 18th day of July, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

MEETING
DATE: July 18, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Kelly Ent, Director of Administrative Services
SUBJECT: City Council Direction Regarding a Ballot Measure to Increase Transient Occupancy Tax from 8% to 9% effective January 1, 2024 and from 9% to 10% effective January 1, 2025

BACKGROUND
On June 6, 2022, City Council approved Resolution No. 2022-70 placing a Measure on the November 8, 2022 ballot to increase Transient Occupancy Tax (TOT) and setting rules and deadlines for filing written arguments and rebuttals regarding the Measure. City Council will discuss and consider a motion to appoint an individual Councilmember to draft and file an argument to appear in the voter information guide.

DISCUSSION
Consistent with Article 4, Chapter 3, Division 9 of Elections Code Section 9282, Section 5. of Resolution No. 2022-70 authorizes the following persons to write an argument for or against the Measure:
(i) The City Council or any member(s) of the City Council, (ii) Any individual voter eligible to vote on the above measure, (iii) A bona fide association of such citizens, or
(iv) Any combination of voters and associations.

The deadline to submit primary arguments for inclusion in the voter information guide is Monday, July 25, 2022. Arguments shall not exceed 300 words in length, shall be filed with the City Clerk, signed and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

If the City Council wishes to submit an argument regarding the Measure, it is recommended that the City Council appoint an individual Councilmember to draft and file the argument, subject to the following procedures:

1. The argument should be written by the individual Councilmember without using public work time or public resources to avoid the potential of prohibited government-funded advocacy. Therefore, City staff, the City Attorney’s office and other consultants may not draft or consult on the argument at public expense.

2. When complete, the argument should be filed directly with the City Clerk as required by the Elections Code and Resolution No. 2022-70. It should not be returned for full Council discussion as that would be using a publicly funded meeting to write a partisan argument for or against the measure.

3. There is an opportunity to author an argument to the opposite-side of the argument regarding the measure. A rebuttal shall not exceed 250 words in length and will be due Friday, July 29, 2022 and must be written and filed in the same way as the argument.

Alternatively, the City Council can decide not to submit an argument regarding the measure in the name of the City Council. In that case, no further action will be necessary this evening, and individual City Councilmembers could still submit arguments and rebuttals for or against the measure like any other Big Bear Lake voter, subject to the applicable rules and deadlines.

FISCAL IMPACT
There is no fiscal impact associated with this action.

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

RECOMMENDATION
It is recommended that the City Council appoint an individual Councilmember to draft and file an argument regarding the Measure to increase the City’s Transient Occupancy Tax.

ATTACHMENT

1. Resolution No. 2022-70
ATTACHMENT 1
RESOLUTION NO. 2022-70

RESOLUTION CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION BALLOT FOR THE

SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING THE CITY’S TRANSIENT OCCUPANCY (HOTEL) TAX BY INCREASING THE MAXIMUM RATE FROM 8% TO 9% EFFECTIVE ON JANUARY 1, 2024 AND FROM 9% TO 10% EFFECTIVE ON JANUARY 1, 2025; REQUESTING THE COUNTY

OF SAN BERNARDINO TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF EVEN DATE; AND SETTING RULES AND DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE MEASURE.

WHEREAS, pursuant to Chapter 3.20 of Title 3 of the Big Bear Lake Municipal Code (B.B.L.M.0043. §§3.20.010 through 3.20.310), the City currently imposes a Transient Occupancy Tax (Hotel) Tax (“TOT”) at the rate of eight percent (8%) upon guests of hotels and other transient accommodations within the City, including vacation rentals; and WHEREAS, the City Council desires to amend the Big Bear Lake Municipal Code to increase the maximum rate of the TOT from eight percent (8%) to nine percent (9%) effective on January 1, 2024 and from nine percent (9%) to ten percent (10%) effective on January 1, 2025; and WHEREAS, pursuant to Section 9222 of the California Elections Code and Sections 7280 and 7281 of the California Revenue and Taxation Code, the City Council has the authority to place a measure on the ballot regarding the imposition, extension or increase in a local transient occupancy tax to be considered by the voters at a Municipal Election; and WHEREAS, the TOT is a general tax the proceeds of which are deposited into the City’s general fund and which pay for important City services such as police, street operations and maintenance, parks and trail construction and maintenance, and general municipal services to the public; and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and WHEREAS, pursuant to Proposition 218 (California Constitution Article XIIIC, §2(b)), the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and
WHEREAS, pursuant to the Big Bear Lake City Charter §900 and Big Bear Lake Municipal Code §1.12.010, the City’s regular general municipal elections for officers are held on the first Tuesday after the first Monday in November of each even-numbered year; therefore, the next regularly

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Resolution No. 2022-70
scheduled General Municipal Election for the election of members of the City Council will be held on Tuesday, November 8, 2022; and
WHEREAS, based on the above, the City Council desires to submit a ballot measure to the voters at the November 8, 2022 General Municipal Election seeking voter approval of the proposed TOT maximum rate increase (the “Measure”); the specific terms relating to the Measure are provided for in the ordinance to be considered by the qualified voters, attached hereto as Exhibit “A” and by this reference made an operative part hereof, and in accordance with all applicable laws; and WHEREAS, pursuant to City Charter §407, “[U]nless otherwise required by the Charter, the affirmative votes of at least three members of the Council shall be required for the enactment of any ordinance, resolution or order for the payment of money”; and WHEREAS, the City Charter does not otherwise require a supermajority of Councilmembers to enact this Resolution; and
WHEREAS, in Traders Sports v. City of San Leandro, (2001) 93 Cal. App. 4th 37, the California Court of Appeal held that the requirement in Government Code §53724(b) (“Proposition 62”) to obtain a two-thirds (2/3) supermajority vote of all members of the City Council to place a general tax measure on the ballot does not apply to charter cities whose charters set a different voting threshold; and
WHEREAS, therefore, the affirmative votes of at least three members of the City Council are required to place this Measure on the November, 8, 2022 ballot; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date, that within the City the precincts, polling places, voting centers and election officers of the two elections be the same, that the San Bernardino County election department canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election; and WHEREAS, it is also desirable to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Measure in accordance with applicable California Elections Code procedures.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, and are incorporated herein and by this reference are made an operative part hereof.

SECTION 2. Submission of Ballot Measure. Pursuant to City Charter §407, Elections Code §9222, Revenue and Taxation Code §§7280 and 7281, and any other applicable requirements of the laws of the State of California relating to the City, the City Council, by a minimum of three affirmative votes, hereby orders the Measure to be submitted to the voters of the City at the General Municipal Election to be held on Tuesday, November 8, 2022.

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Resolution No. 2022-70
SECTION 3. Ballot Measure. The City Council, pursuant to its right and authority, does hereby order that the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal Election to be held on Tuesday, November 8, 2022, in addition to any other matters required by law, there shall be printed substantially the following ballot question:
"Shall a measure be adopted to increase the maximum rate of the City’s Transient Occupancy (Hotel) Tax charged to hotel and vacation rental guests from 8% to 9% as of
January 1, 2024 and from 9% to 10% , as of January 1, 2025, providing until ended by voters an estimated $1,300,000 annually for City services including public safety response, street repair and maintenance, park and trail construction and maintenance and for general government use?"
YES
NO
SECTION 4. Election Procedures.

A. The ballots to be used at the election shall be in the form and content as required by law.

B. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of submitting to the voters the questions relating to the City’s Measure.

C. The election services which the City of Big Bear Lake requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots; the establishment or appointment of precincts, polling places, voting centers and election officers; the preparation, printing, mailing and furnishing of vote-by-mail ballots; making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths, and other necessary supplies or materials for polling places or voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Big Bear Lake; and the performance of such other election services as may be requested by the City Clerk.

D. The City Clerk is authorized, instructed and directed to procure and furnish, or cause to be procured and furnished through the County of San Bernardino, any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

E. The polls, voting centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-by-mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of San

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Resolution No. 2022-70
Bernardino, except as otherwise provided in the Elections Code of the State of California.

F. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

G. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

H. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.

I. The San Bernardino County Registrar of Voters is hereby authorized to canvass the returns of said election.

J. The City Clerk of the City of Big Bear Lake shall receive the canvass from the County as it pertains to the election on the Measures, and shall certify the results to the City Council, as required by law.

SECTION 5. Arguments and Impartial Analysis.

A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the Measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which arguments may be changed until and including Monday July 25, 2022, after which no arguments for or against the Measure may be submitted to the City Clerk. Arguments in favor of or against the Measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in Subsection 5(A) above. The impartial analysis shall

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Resolution No. 2022-70
include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the Ordinance or Measure, please call the election official’s office at (909) 866-5831 and a copy will be mailed at no cost to you.”
D. The provisions of this Section 5 shall apply only to the election to be held on November 8, 2022, and shall then be repealed.

SECTION 6. Rebuttals.

A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the various City initiated measures which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than Friday July 29, 2022. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

B. The provisions of this Section 6 shall apply only to the election to be held on November 8, 2022, and shall then be repealed.

SECTION 7. Placement on the Ballot. The full text of the Measure shall be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of the Measure at no cost, upon request made to the City Clerk.

SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Measure attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of San Bernardino County and to the Registrar of Voters of San Bernardino County.

SECTION 9. Public Examination. Pursuant to California Elections Code section 9295, the Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

SECTION 10. CEQA. The City Council hereby finds and determines that the ballot Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment and, therefore, is not a project within the meaning of

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Resolution No. 2022-70
the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED this 6th 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. 2022-70 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 6th day of June 2022 and that the same was so passed and adopted by the following vote:

AYES: Putz, Melnick, Herrick
NOES: Mote
ABSTAIN: None
EXCUSED: Lee
Erica Stephenson, City Clerk

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Resolution No. 2022-70
EXHIBIT “A”
ORDINANCE NO. 2022-____

AN ORDINANCE OF THE PEOPLE OF THE CITY OF BIG BEAR LAKE, CALIFORNIA, AMENDING SECTION 3.20.030 OF CHAPTER 3.20 OF TITLE 3 OF THE BIG BEAR LAKE MUNICIPAL CODE INCREASING
THE MAXIMUM RATE OF THE CITY’S TRANSIENT OCCUPANCY
(HOTEL) TAX FROM 8% TO 9% EFFECTIVE ON JANUARY 1, 2024
AND FROM 9% TO 10% EFFECTIVE ON JANUARY 1, 2025.
(NOTE: Additions are highlighted in bold italics and deletions are highlighted in strikeout) THE PEOPLE OF THE CITY OF BIG BEAR LAKE DO ORDAIN AS FOLLOWS:

SECTION 1. Subject to the approval of a majority of the voters of the City of Big Bear Lake at the General Municipal Election so designated by the City Council in a separate resolution placing the proposal on the ballot for such election, Section 3.20.030 of Chapter 3.20 of Title 3 of the Big Bear Lake Municipal Code is hereby amended to read as follows:
"Chapter 3.20 TRANSIENT OCCUPANCY TAX
. . . .
"3.20.030 Tax imposed.

For the privilege of occupancy in any hotel, each transient is subject to, and shall pay a tax on the rent charged by an operator to the transient, as follows: (a) as of until January 1, 20092024, a tax in the amount of seven eight percent; (b) as of January 1, 20102024, a tax in the maximum amount of eight nine percent and (c) as of January 1, 2025, a tax in the maximum amount of ten percent. Insofar as the transient is concerned, the tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. This chapter may be repealed or amended by the City Council without a vote of the People of the City of Big Bear Lake. However, as required by California Constitution Article XIIIC (Proposition 218), voter approval is required for any amendment or provision that would increase the maximum rate or methodology of any tax levied pursuant to this chapter." SECTION 2 The transient occupancy tax set forth herein shall be collected and administered in the manner set forth in Chapter 3.20 of the City of Big Bear Lake Municipal Code.

SECTION 3. Pursuant to Article XIIIB of the California Constitution, the appropriation limit for the City of Big Bear Lake will be increased by the maximum projected aggregate collection authorized by the levy of this general tax, as indicated in Section 1, in each of the years covered by this Ordinance plus the amount, if any, by which the appropriation limit is decreased by law as a result of the levy of the general tax set forth in this Ordinance.

SECTION 4. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and

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Resolution No. 2022-70
effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this Section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.

SECTION 5. Pursuant to California Constitution Article XIIIC §(2)(b) and California Elections Code §9217, this Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Big Bear Lake voting at the General Municipal Election to be held on November 8, 2022, and shall become effective as of January 1, 2023.

SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 8, 2022, by signing where indicated below.

I hereby certify that the foregoing Ordinance was PASSED, APPROVED AND ADOPTED by the People of the City of Big Bear Lake on the 8 th day of November, 2022.

Dated: _______________________ ______________________________

RICK HERRICK
MAYOR
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ ERICA STEPHENSON STEPHEN P. DEITSCH

CITY CLERK CITY ATTORNEY

MEETING
DATE: July 18, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Jeff Mathieu, Interim City Manager
FROM: Kelly Ent, Director of Administrative Services
SUBJECT: Update from Council Appointed Ad Hoc Committee for a Compromise Vacation Rental Ordinance

BACKGROUND
On May 16, 2022, City Council formed an Ad Hoc Committee comprised of Councilmember Melnick and Councilmember Putz for the purpose of identifying a potential compromised amendment to the City’s vacation rental ordinance as an alternative to the petition entitled Initiative Measure Amending the City’s Municipal Code to Limit the Number of Vacation Rental Licenses and Rental Contracts in the City and to Enact Additional Limitations and Regulations on Vacation Rentals. This Measure is scheduled to be considered by voters at the November 8, 2022 election.

On June 6, 2022, City Council approved the Ad Hoc Committee workplan to draft a compromised amendment to the City’s vacation rental ordinance as an alternative to the Measure. The workplan identified a timeline to obtain public input and to draft a proposed amendment for review with the public and proponents of the Measure.

The first meeting of the Ad Hoc Committee was held on June 14, 2022. This meeting was a Structured Listening Session to receive public input regarding the various elements of the City’s vacation rental ordinance: Licensing, Management, and Enforcement. The purpose of the discussion was to help identify concepts and solutions for the development of a potential compromised amendment to the City’s vacation rental ordinance. The resulting draft amendment was made available for public review on July 12, 2022, and a second Ad Hoc Committee meeting was held earlier today (July 18, 2022) to receive public comment and to review the proposed amendment with the proponents of the Measure.

DISCUSSION
Councilmember Melnick and Councilmember Putz will provide an update regarding the two Ad Hoc Committee meetings, their progress toward the development of a proposed revision to the City’s vacation rental ordinance, and next steps.

FISCAL IMPACT
There is no fiscal impact.

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

RECOMMENDATION
It is recommended that the City Council receive a presentation from the Ad Hoc Committee members. No formal action is necessary at this time, however the Council is encouraged to engage in discussion and provide input to the Ad Hoc Committee regarding the draft Vacation Rental Ordinance, the Committee’s Compromise Plan Elements/Work Plan and/or other related items.

ATTACHMENTS

1. Ad Hoc Committee Draft Ordinance

2. Ad Hoc Committee Compromise Plan Elements

3. Ad Hoc Committee Work Plan
ATTACHMENT 1

ATTACHMENT 2

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Big Bear Lake City Council Ad Hoc Committee’s Work Plan for a Compromise Private Home Rental (PHR) Ordinance (7/12/2022 Draft) Structured Listening Elements for City of Big Bear Lake PHRs:

Element Current Ordinance (passed 8/16/21) Compromise Ordinance Citizens Initiative Licensing
PHR Licensing Required of all PHRs, non-compliance
results in fines and/or permanent
rental ban
Same as Current Same as Current
Owner Licensing Restrictions Maximum of 2 licenses, owners with more than 2 valid licenses are
grandfathered, business entity can
hold license
Maximum of 1 license, owners with
more than 1 are grandfathered,
transfer of license when property
transferred to family allowed, no new
licenses to investor business
entities, personal contact info of all
owners must be disclosed
Maximum of 1 license, owners with
more than 1 are grandfathered,
transfer of property eliminates license,
no licenses to any business entity,
personal contact info of all owners
must be disclosed
Maximum Number of Licenses Not limited Class A: Capped at 1500, existing licenses grandfathered, cap reached
through attrition; Class B: unlimited
(see classes below)
Capped at 1500, existing licenses
grandfathered, unclear how any
available licenses below cap would be
issued
Management
Rental Contract Limits Not limited No same day check-in/out, 2 night minimum except Saturday; Class A:
unlimited, Class B: 24 contracts a
year, minimum 21 years old to rent
Limited to 30 rentals/contracts/uses
each year regardless of compensation
Rental Contract Summary Not required Contract summary for each rental must be provided to City, includes
data on occupants & vehicles,
available for 3 years of auditing
Contract summary for each rental
must be provided to City & available
for 3 years of auditing

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Element Current Ordinance (passed 8/16/21) Compromise Ordinance Citizens Initiative Owner Use Not limited Same as Current Owners, friends & family, all must follow same rules/restrictions as
renters
Friends & Family Use Not limited Recommended owner proactively notify code enforcement to advise of
owner/friend/family use
Owner must file list of non-renting
occupants allowed without owner,
limited to 5 persons
Check-Ins In person by owner/agent, must sign
Good Neighbor Policy
Same as Current Same as Current
Renter Occupancy 2 adults per bedroom, +2 additional
adults (not including persons <18
years old) with total not exceeding 1
person per 200 square feet, or 16
persons, whichever is less. Reduced
parking capacity limits to 2 adults per
space.

Same as Current Same as Current
Rental Uses No party, wedding, or gathering
exceeding occupancy limits is
permitted without prior written
approval by the city manager at
least 30 days in advance
Same as Current No events/gatherings exceeding
occupancy limits are permitted under
any circumstances, including for
owners & friends/family
Guest Parking Requires 1 parking space per
bedroom, (minimum of 2) clearly
delineated off-street paved parking
spaces, with some grandfathered
exceptions; no on-street parking at
anytime
Same as Current Required off-street parking limited by
lot size: <5000 sq.ft. = 2 cars max,
5000-10000 sq.ft. = 3 cars max,
10000+ sq.ft. = 4 cars max; cars in
garages not included in limits
Music / Amplified Sound Indoors only & inaudible at property line
Same as Current Same, but includes owners &
friends/family
Spa Use Rental use prohibited between 10pm
& 7am
Same as Current Same, but includes owners &
friends/family

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Element Current Ordinance (passed 8/16/21) Compromise Ordinance Citizens Initiative Outdoor Activities Any that disturbs the peace prohibited between 10pm & 7am; incessant dog
barking always prohibited
Same as Current Same, but includes owners &
friends/family
Trash Can’t be stored at anytime Same as Current Similar, as required by City regulations Signage Must display # of allowed renters &
cars, plus owner/agent contact info on
exterior
Similar, adds license # posted inside
unit & on any advertising
Similar, adds license # posted inside
unit & on any advertising
Long Term Leasing Not limited Same as Current 12+ month leases can suspend existing license for up to 3 years
Transient Occupancy & TBID Taxes Owner/Hosting platform must collect/pay current 8% TOT & 3%
TBID
Same as Current Same as Current
Owner/Agent Response Must respond to City on site in person within 30 minutes
Same as Current Must respond to City on site in person
within 30 minutes, must prevent any
reoccurring offenses, and perform
evictions
Agencies Owner can use agent, but ultimately
owner is responsible
Same as Current Same as Current
Hosting Platforms Must disclose listing data, collect
taxes, and publish valid license #
Same as Current Same as Current
Enforcement
Inspections & Audits Owner/agent must provide access to property and all related (tax/bank)
records
Same as Current Owner/agent must provide access to
property and all related (tax/bank)
records; owner pays actual inspection
costs not to exceed 1 hour

Page 4 of 4 ends

Element Current Ordinance (passed 8/16/21) Compromise Ordinance Citizens Initiative Violations & Penalties Minor violations = $500 - $1000; Falsified info = $2500; Non-license,
1st offense = $5000 & ineligible for 1
year, further offenses = $10,000+ &
permanent ban; License
suspension/revocation possible in
many cases
Requires detailed public license &
enforcement database; enforcement
deviations require documented
explanation
Similar, but removes any City
discretion (“may” to “shall”); adds
penalties for contract summary
violations; 3rd minor violation results in
termination of license; removes City’s
flexibility to enact additional
restrictions on problem rentals;
requires detailed public license &
enforcement database
Zoning Generally condos & single family
homes without additional units are
eligible, apartments and commercial
units are not
Same as Current Similar, but R-3 Zones with 2-4
Attached Single Family Units reduced
to 1 rental
Code & Behavior Enforcement # of enforcement officers doubled in 2021, aided by increased TOT
revenue; number and amount of fines
up significantly & complaints down
compared to pre/Pandemic period
Same as Current Unknown impact (of eliminated PHRs,
change in TOT revenue, postPandemic visitation levels) on need and ability to enforce desired visitor
behavior & neighborhood qualities
PHR Ordinance Modification By City Council action, commonly 45 days
By City Council action, commonly 45
days
Only by another ballot measure
approved by voters, in 88 to 365 days,
if successful
ATTACHMENT 3
Big Bear Lake City Council Ad Hoc Committee’s
Work Plan for a
Compromise Private Home Rental (PHR) Ordinance
(6/1/2022)
Goals:

I. Set expectations
A. Absolutes

1. Behavior & Ground Rules
a) Embrace flexibility, not here to advocate entrenched positions, not letting perfect impede progress
b) Ad Hoc Committee can’t commit City Council, current or future c) Conduct ourselves with respect and civility

2. Outcomes
a) Craft a meaningful constructive alternative
b) Resulting in a compromise ordinance that Melnick & Putz can recommend and vote for
c) Doing so to be most useful within a very tight time frame B. Desires

1. Everyone feels heard & part of the process

2. Compromise sufficient for City Council to pass and for withdrawal of Citizens Initiative

3. Avoid looming increased community division and move towards healing
II. Feel heard
A. Conduct first public Ad Hoc Committee meeting as Structured Listening Session (broken down into key elements), including this Work Plan B. Listening informs compromise (recognizing input not scientifically/ statistically valid data)
C. Public input via a variety of methods (in-person open Ad Hoc Committee meetings, written, survey)
D. Make stakeholders part of the process, recognizing you can’t effectively have everyone at the final table and expect to make a meaningful compromise
III. Pass a compromise ordinance
A. Draft council-supportable compromise ordinance informed by further listening

Page 1 of 2 ends

B. Visually present comparison chart of current / compromised / initiative ordinances with further community input opportunity
C. Conduct second public Ad Hoc Committee Compromise Review meeting with 2 council members, 2 initiative proponents, City Manager, & City Attorney to determine if sufficient compromise to remove initiative from ballot, allow for public comment
D. Present compromise ordinance to Council for possible approval Timeline:

Mon 6/6/2022 - Update City Council on Work Plan
Tue 6/14/2022 - 1st Public Ad Hoc Committee Compromise Meeting, Listening Session (6pm, includes Structured Listening
PHR elements)
By 6/17/22 - Ad Hoc Committee provides key elements to City Attorney for initial draft of compromise ordinance
Mon 7/11/2022 - Publish Draft Ordinance for community consideration, includes comparison chart
Mon 7/18/2022 - 2nd Public Ad Hoc Committee Compromise Meeting, Review Session, Citizens Initiative Proponent Discussion (1pm before Council Meeting)
7/18 to 7/27/22 - City Attorney prepares final compromise ordinance for Council review
Mon 8/1/2022 - Introduce compromise ordinance to City Council (with possible adjourned regular meeting 5+ days later for
adoption)
Fri 8/12/2022 - Deadline for Initiative to be removed from Ballot

Page 2 of 2 ends

MEETING
DATE: July 18, 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 and Resolutions Approving a Temporary Construction Easement for Improved Construction Access and Approving a Change Order for the Installation of Electrical Receptacles Along the Corridor Improvements Area

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 (Moonridge 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 during 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 Drive. The improvements are years in the making and the extensive engagement and design process developed a project that includes significant improvements including 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 on the status, schedule, and 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 • Rough grading of the roadway and concrete layout
• Concrete curb construction
• Final grading of the roadway and sidewalks, to prepare for paving o The grading activities included 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 by fortifying the base materials.

The remaining efforts that are anticipated during this construction process are:
• Street paving and construction of the sidewalks along the primary corridor, between Elm Street and Clubview Drive, will take place over the next several weeks • Once the street paving of the primary corridor is completed, the work activities will switch to the construction of the roundabouts, which is anticipated to begin the week of August 1 o Construction of the roundabouts is anticipated to take all of August and September to complete
• As the work is underway on the roundabout construction, work will continue along the corridor related to the landscaping and electrical improvements as well as amenities and other finishes
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 daily. As the traffic currently flows, vehicles can 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 three (3) months, motorists have gotten comfortable with 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 construction of the roundabouts will take approximately two (2) months from August 1 through the end of September. The work to construct the roundabouts will require the closure of Moonridge at Elm and a significant closure at Clubview, as well. The extent of the construction at Moonridge and Elm will close the entirety of the street, including all through traffic, meaning that all access to the neighborhoods in Moonridge will need to be done utilizing the primary detours of Fox Farm Road, McCallister Road, and Catalina Road.

Staff has also worked closely with the owners of the property known as “The Barn” at the corner of Moonridge and Elm to develop a creative solution that may provide relief during this construction period.

Temporary Construction Easement
At the corner of 42488 Moonridge Road is a property on which the owners are presently developing an event space informally known as “The Barn”. The property is at the corner of Moonridge Road and Elm Street and based upon the property layout, there is considerable open space along the property frontage of Moonridge and Elm. Looking for opportunities to improve circulation during this temporary construction period, staff approached the property owners about the possibility of constructing a temporary by-pass road for use during this construction period.

Staff from engineering and operations have reviewed the site and prepared drawings to reflect the construction of a two-way roadway, approximately 28’ wide, that could be installed for use while Moonridge and Elm are inaccessible. This roadway would connect to the property from Moonridge Road, travel through the property toward Elm Street and outlet onto Elm Street adjacent to Rathbun Drive. This detour will allow access into and out of the Moonridge area without reliance upon the detours which will better diffuse traffic within the area.

The property owners, Dr. and Mrs. Kagan, have expressed a desire to assist the City and have offered a portion of their property for the proposed by-pass road. The Kagans are supportive; however, they do, understandably, have some concerns related to liability, protection of and restoration of the site, and compensation. The City Attorney’s Office has coordinated the preparation of the necessary easements and documentation to execute this agreement. Staff has also worked closely with the California Joint Powers Insurance Authority (CJPIA), the City’s risk management and insurance provider, to develop the necessary and appropriate insurance coverage for this activity. The insurance is able to cover the City, as well as the property owner as additional insured, against claims that may arise from this temporary roadway. The documents, as presented this evening, have been reviewed and agreed to by the Kagans and their counsel as well as the City Attorney.

The temporary road has been designed by a registered civil engineer and the traffic circulation has been reviewed by the City’s consulting traffic engineer. Public Works staff will prepare the site and construct the roadway and will, ultimately, restore the site to its present condition upon completion. Appropriate signage will be placed alerting motorists of this detour and to establish an appropriate speed within the work area. Additionally, staff will provide information and outreach relative to this option on the City’s website and through all other project communications.

In consideration for the use of this property for this purpose, it is appropriate to provide compensation. In lieu of a cash payment for this usage, staff has agreed to coordinate the completion of the offsite improvements for this property, required of the conditions of approval for their ongoing tenant improvement. The owners are required to construct new curb and gutter, sidewalk, and driveway approaches that abut the public right of way along Moonridge Road and Elm Street and tie into existing improvements that will be completed as portions of the Moonridge Project. This scope of work is consistent with elements of work that are being completed by Granite Construction and there are existing unit prices for the elements of work to be completed.

Based upon Granite’s provided pricing, the cost to construct these improvements will be approximately $45,000.

Should the easement agreements be approved, staff will begin preparing and coordinating the site improvements immediately. The site preparations will be completed by Friday, July 22, so that the pavement can be placed during the week of July 25. The road would accessible and in use beginning on Monday, August 1 through Friday, September 23. Staff would remove the roadway and restore the property to its present condition by Friday, October 7.

Proposed Change Order for the Installation of Electrical Receptacles As the design for this project was finalized and the project was out to bid, a request was made of a member of the City Council to consider the installation of electrical receptacles to support the future placement of seasonal decorations, any events, or other uses that may take place along the corridor. There is a considerable placement of electrical receptacles throughout the Village, both on the street lighting poles and within the planters, that are available for the described uses and any other needs.

At the time the request was made, it was unable to be accommodated within the bid documents and base construction contract but it was not too late to integrate them into the project. The design engineer for the project was tasked with providing a design for the expansion of electrical resources in the area and provided options for the installation of the receptacles, either on the street lighting poles, within the planters, or a combination of the two approaches. The initial proposal for construction, based upon the completed design, was in excess of $450,000.

Staff worked closely with the general contractor, Granite, and their electrical subcontractor to find options and alternatives that would be more cost effective. Ultimately, the plan was reviewed and revised to utilize existing conduit that was installed as a part of the street lighting package to include the wiring for the proposed receptacles, as this could reduce costs significantly. As such, a revised plan was developed to include electrical receptacles within the footings of sixty-five (65) streetlighting poles, which are placed both along the sidewalk and within the planted parkways, as well as an additional ten (10) electrical receptacles within the medians. As outlined, this plan will provide sufficient access to electricity throughout the corridor.

The proposed cost to complete this improvements is not to exceed $120,000 and staff is recommending that the City Council would authorize the requested change order. The contractor is ready to proceed with these improvements as the related electrical work is underway. If these receptacles were desired to be installed later on within this process, or as a subsequent phase to this project, the costs would be considerably higher and it is probable that the hardscape and landscape would need to be disturbed to accommodate their installation.

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 Council Member Melnick. Staff subsequently met with this subcommittee and decisions were made on these items. Staff continues with engage with Mayor Pro Tem Mote and Councilmember Melnick as the amenities are finalized and ordered.

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.

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. When the construction contract was awarded, the budget included funds that were set aside of the construction of amenities ($300,000) and funds that were available for any changes or additions to the project (~$220,000). Staff would recommend that the proposed change order for the electrical, as well as any costs associated with the temporary by-pass road, be funded through the presently available, unallocated 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 and file 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. Additionally, staff recommends that the City Council adopt the following resolutions:
• Resolution Authorizing a Temporary Construction and Roadway Easement with the owners of 42488 Moonridge Road
• Resolution Authorizing a Change Order with Granite Construction Co. for the Placement of Electrical Receptacles

ATTACHMENTS

1. Resolution No. 2022-XX: Resolution Authorizing a Temporary Construction and Roadway Easement with the Owners of 42488 Moonridge Rd

2. Resolution No. 2022-XX: Resolution Authorizing a Change Order with Granite Construction Co. for the Placement of Electrical Receptacles as a Part of the Moonridge Corridor Improvements Project
ATTACHMENT 1
RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING A TEMPORARY

CONSTRUCTION AND ROADWAY EASEMENT WITH THE
OWNERS OF 42488 MOONRIDGE ROAD FOR IMPROVED

CONSTRUCTION ACCESS FOR THE MOONRIDGE

CORRIDOR IMPROVEMENTS PROJECT
WHEREAS, the Moonridge Corridor Improvements Project is a transformational streetscape project to improve the portion of Moonridge Road from Elm Street to Clubview Drive by constructing traffic calming roundabouts, widened sidewalks, a bicycle trail, planted medians and parkways, and other improvements; and
WHEREAS, the City Council awarded a construction contract to Granite Construction Co. in June 2021 and construction broke ground in August 2021; and
WHEREAS, the construction, by Granite, of the roundabouts will have significant traffic and circulation impacts for the approximately two (2) month period while the construction is underway, including the inability for vehicles to cross the intersection of Moonridge Road and Elm Street; and
WHEREAS, staff has identified detours of Fox Farm Road, McAllister Road, Cougar Road, and Catalina Road that can allow access to the Moonridge area during this period; and WHEREAS, in seeking other accommodations and considerations for the motoring public during this period, staff approached the owners of 42488 Moonridge Road about the possibility of constructing a temporary by-pass road along their property, between Moonridge Road and Elm Street, to provide an alternative option to assist with circulation during this construction period; and
WHEREAS, Dr. and Mrs. Kagan, owners of this property, are supportive of the City’s needs and are interested in working to permit this use; and
WHEREAS, staff engaged the City Attorney’s office to develop the necessary documents to allow for this use, including the right to access and construct the improvements, as well as all necessary liability protection language for the property owners and the City; and WHEREAS, the proposed by-pass road has been designed and prepared by a registered civil engineer and reviewed by the City’s consulting traffic engineer and reviewed by Staff to ensure that this proposal will work as desired and is able to be constructed per the plan; and WHEREAS, staff would propose to commence the site preparations immediately so that asphalt can be placed the week of July 25th and the by-pass road could be in use beginning the week of August 1st through September 23 and that the road would be removed and the property restored to its current condition no later than October 7, 2022; and WHEREAS, in consideration for the granting of this easement, staff will coordinate the construction of certain offsite improvements that are required of the property owners as conditions of approval for their current tenant improvement project; and WHEREAS, the required improvements include sidewalk, curb and gutter, and driveway approaches along both Moonridge Road and Elm Street, and in the vicinity of the Moonridge Project area; and
WHEREAS, based upon the City’s contracted unit prices with Granite Construction Co., the City’s cost of these improvements, as consideration, will be approximately $45,000.

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

1. The proposed Temporary Construction and Roadway Easement with the owners of 42488 Moonridge Road is hereby approved.

2. The City Manager is authorized to execute all required documents in a form approved by the City Attorney.

PASSED, APPROVED AND ADOPTED this 18th day of July, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
Exhibit A
19361.00127\40295509.4

Page 1 of 6 ends

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
City of Big Bear Lake
39707 Big Bear Blvd.

P.O. Box 10000
Big Bear Lake, CA 92315

SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: # 2328-301-24-0-000
Project: Moonridge Project
Exempt from Recording Fees Per Govt. Code §27383

GRANT OF TEMPORARY CONSTRUCTION AND ROADWAY EASEMENT
This Grant of Temporary Construction and Roadway Easement (“Temporary Easement”) is made by and between Lauries Big Bear Rentals, LLC, a California limited liability company (“Grantor'') and the City of Big Bear Lake, a municipal corporation (“City”).

RECITALS
The following Recitals are a substantive part of this Temporary Easement and incorporated by reference as though set forth fully herein:

A. Grantor is the owner of certain real property identified as Assessor Parcel Number 2328-301-24-0-000 and more commonly known as 42488 Moonridge Road, Big Bear Lake, California, and depicted on Exhibit A (“Property”).

B. City is undertaking the Moonridge Road Roundabouts & Realignment Project (“City Project”). The City Project improves the existing street pavement, drainage conditions, sidewalks, lighting, and landscaping along the Moonridge Corridor. In addition, it will construct bicycle lanes, two traffic calming roundabouts, and pedestrian crosswalks along Moonridge Road.

C. To implement the City Project, City requires the construction and use of a temporary roadway bypass (“Bypass Road”) across Grantor’s Property as depicted on Exhibit B (“Temporary Easement Area”). Construction of the Bypass Road will include erection of temporary fencing and traffic barriers such as krails and water-filled barriers. 19361.00127\40295509.4

Page 2 of 6 ends

D. Grantor is undertaking The Barn @ Big Bear Project (“Grantor Project”) and pursuant to the Conditions of Approval for the Grantor Project, Grantor is required to construct new sidewalk, curb and gutter, and driveway approaches, all of which are in the public right of way and depicted on the approved plans dated December 16, 2019 (“Improvements”).

NOW, THEREFORE, in consideration of the above Recitals, the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor grants the Temporary Easement to City under the following terms and conditions:

1. Grant of Temporary Construction Easement. Grantor hereby grants to City, and its employees, agents, and contractors (“City Parties”) a nonexclusive Temporary Construction Easement (“Construction Easement”) to enter the Property for the purposes of constructing a temporary Bypass Road. The Temporary Easement includes the right of ingress and egress in, on, over, under, through, and across the Temporary Easement Area, together with the full right and authority of City Parties to enter upon the Temporary Easement with machinery, trucks, materials, tools, and other equipment that may be useful or required to complete the construction of the Bypass Road.

2. Grant of Temporary Roadway Easement. Grantor hereby grants to City, City Parties and members of the general public, a non-exclusive temporary roadway easement in, on, over, under, through, and across the Temporary Easement Area (Roadway Easement”) for the purpose of allowing public traffic over the Bypass Road during construction of the City Project.

3. Term. The Temporary Easement shall become effective July 19, 2022 (“Effective Date”) and shall expire on October 7, 2022 (“Expiration Date”) unless extended in writing by the Grantor and City.

4. Consideration. In consideration of the grant of the Temporary Easement, Grantor will receive the benefit of the Improvements as detailed in Exhibit C (“Improvements”).

5. Full Compensation and General Release. Grantor acknowledges and agrees that the Improvements are full consideration for, inclusive of, and all-inclusive compensation for the Temporary Easement and any rights or obligations which exist or may arise out of City’s acquisition of the Temporary Easement, including without limitation, severance damages, if any, pre-condemnation damages, if any, loss of business goodwill, if any, costs, interest, attorneys' fees, relocation assistance or benefits and moving expense due or compensable under the relocation laws, and any claim for compensation or other legal remedy of whatever kind or nature, tangible or intangible, direct or consequential by Grantor or any person or entity claiming by or through Grantor which may arise out of or relate in any respect to the acquisition of the Temporary Easement by the City.
19361.00127\40295509.4

Page 3 of 6 ends

Grantor releases and discharges City, its predecessors, successors and assigns and their respective officers, directors, employees, other representatives and shareholders, from any and all claims, demands, causes of action, obligations, and liabilities of every kind and nature whatsoever, or claims to have had, or now has, against the City, which relates to or arises out of the acquisition of the Temporary Easement.

Grantor acknowledges and is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”

6. Site Restoration, Maintenance, and Repair. City will use reasonable efforts to prevent damage to or intrusion onto the Property, which reasonable efforts may include erection of temporary fencing and traffic barriers such as k-rails and water-filled barriers. Upon the expiration of the Term, City shall restore the Temporary Easement to its preconstruction condition, to the extent reasonably feasible and possible. City Parties shall have no obligation to repair any damage to Grantor’s Property not caused by City Parties. It is fully understood that the Temporary Easement is not an obligation for City to perform property maintenance to the Property or Temporary Easement Area. However, during the term of the Temporary Easement, the City shall keep only the Temporary Easement Area free from any weeds and/or debris which might arise during the term of the Temporary Easement.

7. No Impediment to Use. During the term of this Temporary Easement, no walls, fences or barriers of any sort or kind that prevent or impair the use of the Temporary Easement will be constructed, maintained, or permitted on the Temporary Easement, or any portion thereof, by Grantor.

8. No Real Property Interest. It is expressly understood that the Temporary Easement does not in any way whatsoever grant or convey any permanent easement, dedication, lease, fee or other interest in the Property or Temporary Easement Area to the City and or the public.

9. Liquidated Damages. For each calendar day in excess of the Expiration Date that City or City Parties require to complete restoration of the Temporary Easement Area or continue to access or use the Temporary Easement Area, City shall pay to Grantor the sum of one hundred fifty and 00/100 dollars ($150.00) for each such calendar day as liquidated damages and the term of this Temporary Easement shall be automatically extended for each such day. City and Grantor agree that in the event City and/or City Parties fail to restore the Temporary Easement Area and/or continue to use the Temporary Easement Area beyond the Expiration Date, 19361.00127\40295509.4

Page 4 of 6 ends

Grantor shall sustain and/or otherwise suffer damages which would be extremely difficult or impracticable to ascertain, and therefore, under the circumstances existing as of the date of this Temporary Easement, and therefore, under the circumstances existing as of the date of this Temporary Easement, the above referenced liquidated damages shall be deemed a reasonable estimate of the damages which Grantor will suffer and/or incur.

City: ___________
Grantor: __________

10. Liens. The City shall keep the Property free from any liens or encumbrances which might arise from the Temporary Easement.

11. Successors and Assigns. The provisions of this Temporary Easement are intended to and will run with the land, and, until expiration of the Temporary Easement and will bind, be a charge upon and inure to the benefit of Grantor and City, and their respective successors and assigns.

12. Indemnification. Except to the extent arising from or relating to the acts, omissions, negligence or intentional misconduct of Grantor, City agrees to indemnify and defend Grantor against any and all claims, actions, demands, costs or expenses, including reasonable attorney's fees arising out of the negligence or intentional misconduct of City on or about the Temporary Easement Area or City’s negligent construction of the Bypass Road.

13. Attorney's Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs, and expenses incurred in the action or proceeding by the prevailing party. The venue for any such legal action or proceeding shall be in the County of San Bernardino.

14. Integration/Governing Law. This Agreement constitutes the entire agreement between City and Grantor relating to the Temporary Easement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Temporary Easement are of no force and effect. Any amendment to this Temporary Easement will be of no force and effect unless it is in writing and signed by Grantor and City or their respective successors or assigns. This Temporary Easement shall be governed and construed in accordance with the laws of the State of California, without reference to or application of conflict of laws provisions.

15. Notices. All notices given pursuant to this Agreement must be in writing and by personal delivery, U.S. Mail, or established express delivery service, such as Federal 19361.00127\40295509.4

Page 5 of 6 ends

Express, with postage or delivery charge prepaid, return receipt requested, and addressed to the person and address designated below:

If to Grantor: Lauries Big Bear Rentals, LLC
4 Cresta Del Sol
San Clemente, CA 92673
If to City: City of Big Bear Lake
39707 Big Bear Blvd.

P.O. Box 10000
Big Bear Lake, CA 92315
With a Copy to
Legal Counsel for City:

Best, Best & Krieger
Attn: Stephen Deitsch
2855 E. Guasti Rd.

Suite 400
Ontario, CA 91761
Email: [email protected]

16. Signature/Counterparts. This Temporary Easement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

17. Headings. Paragraph and section headings in this Agreement are for convenience only and shall not affect the interpretation of this Temporary Easement.

18. No Waiver. No failure of either party to insist upon the strict performance by the other party of any covenant, term or condition of this Temporary Easement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.

19. Drafting Ambiguities. The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each party. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement.

20. Assignment. Except as otherwise provided herein, neither party will have a right to assign this Agreement, in whole or in part, whether by operation of law or otherwise, without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided that Company may assign this Agreement to an affiliate located within the United States without such written consent. Except as otherwise 19361.00127\40295509.4

Page 6 of 6 ends

provided herein, any attempt by a party to assign this Agreement without written consent shall be void for any and all purposes.

Subject to the foregoing, this Agreement shall inure to the benefit of the parties' permitted successors and permitted assigns.

21. Exhibits Incorporated. All Exhibits referenced in this Temporary Easement are attached hereto and incorporated herein.

22. Authorized Representatives. The persons executing this Temporary Easement warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Temporary Easement on behalf of said party, (iii) by so executing this Temporary Easement, such party is formally bound to the provisions of this Temporary Easement, and (iv) the entering into this Temporary Easement does not violate any provision of any other agreement to which said party is bound. This Temporary Easement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

IN WITNESS WHEREOF, the parties hereto have executed this Temporary Easement by and through their duly authorized representatives.

Dated: ______________ Lauries Big Bear Rentals, LLC,
a California limited liability company
By: ________________________
Dated: ______________ City of Big Bear Lake,
a municipal corporation
By: ________________________
ATTACHMENT 2
RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING A CHANGE ORDER WITH
GRANITE CONSTRUCTION CO. FOR THE PLACEMENT OF

ELECTRICAL RECEPTACLES AS A PART OF THE

MOONRIDGE CORRIDOR IMPROVEMENTS PROJECT
WHEREAS, the Moonridge Corridor Improvements Project is a transformational streetscape project to improve the portion of Moonridge Road from Elm Street to Clubview Drive by constructing traffic calming roundabouts, widened sidewalks, a bicycle trail, planted medians and parkways, and other improvements; and
WHEREAS, the City Council awarded a construction contract to Granite Construction Co. in June 2021 and construction broke ground in August 2021; and
WHEREAS, a request was made to consider the installation of electrical receptacles along the Moonridge Corridor, similar to how they are placed within the Village; and WHEREAS, this component was not included within the initial project design plans and scope of work but that it could likely be completed as a change order to the general contractor; and WHEREAS, the design engineer was asked to prepare plans to construct and install electrical receptacles along the Moonridge Corridor for review by the general contractor; and WHEREAS, Granite Construction Co., with their subcontractor, have provided options for the placement of the electrical receptacles which have been reviewed and negotiated with staff; and WHEREAS, the most appropriate proposal includes the installation of electrical receptacles within the footings of approximately sixty-five (65) street lighting poles as well as approximately ten (10) receptacles within the landscaped medians; and WHEREAS, the plan, as designed, would provide for the desired deployment of electrical receptacles along the Moonridge Corridor to support seasonal decorations, potential future events, and most other uses that could require access to electricity; and WHEREAS, the proposed price to complete these improvements will not exceed $120,00; and, WHEREAS, sufficient funding is available within the approved budget for the Moonridge Corridor Improvements Project to completed these improvements; and WHEREAS, the improvements can be included within the current course of construction activities.

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

1. The proposed change order with Granite Construction Co. for the placement of electrical receptacles as a part of the Moonridge Corridor Improvements Project is approved.

2. The City Manager is authorized to execute all required documents in a form approved by the City Attorney.

PASSED, APPROVED AND ADOPTED this 18th day of July, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

MONTHLY REPORTS
Year‐to‐Date (YTD) Period 11 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Property Taxes $4,510,600 $4,625,873 103% $115,273 1
Sales and Use Tax 2,824,000 2,916,149 103% 92,149 2 Transient Occupancy Tax 4,862,000 7,657,701 158% 2,795,701 3 Other Taxes 1,017,400 1,090,748 107% 73,348 4 Subventions 614,300 129,573 21% (484,727) 5 Building Permits and Fees 332,400 409,210 123% 76,810 6 Licenses and Permits 1,435,100 1,545,191 108% 110,091 7 Current Service Charges 879,045 648,844 74% (230,201) 8 Other Revenue 408,240 394,806 97% (13,434) Interfund Transfers 1,245,290 1,238,589 99% (6,701) Appropriations from Reserves ‐ 200,000 0% (200,000) 9 Appropriations from Fund Balance ‐ 2,864,066 0% (2,864,066) 10 TOTAL REVENUES $21,192,441 $20,656,684 97% ($535,757)

EXPENDITURES AND ENCUMBRANCES
Management Services
City Council $235,100 $150,178 64% ($84,922) 11
City Manager 272,850 349,970 128% 77,120 12 Law Enforcement 5,389,100 4,461,919 83% (927,181) City Attorney 280,000 266,343 95% (13,657) Support Services 857,450 721,199 84% (136,251) Administrative Services 2,346,280 1,721,555 73% (624,725) 13 Public Services 4,057,107 3,489,985 86% (567,122) Tourism Management 1,400,900 1,185,341 85% (215,559) Planning & Inspections 1,762,390 1,606,961 91% (155,429) Contributions to Reserves ‐ ‐ 0% ‐ Interfund Transfers 4,591,264 940,705 20% (3,650,559) 14 TOTAL EXPENDITURES AND ENCUMBRANCES $21,192,441 $14,894,155 70% ($6,298,286) NOTES:
1 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 2 Local revenue performing well with increased visitation plus growth in pooled revenue from online sales. 3 Actual includes remittances through April and increased visitation during the fourth quarter. 4 Includes document transfer taxes on sales of properties. 5 Budget includes future MWD contribution for boardwalk maintenance. 6 Actual reflects commercial and residential building permit activity. 7 Actual includes business licenses and vacation rental permits. 8 Timing difference; Administrative allowance from the Successor Agency will be recorded in June. 9 Committed fund balance appropriations will be applied at year‐end. 10 Fund Balance appropriations will be applied at year‐end. 11 Timing difference. Budget includes sponsorship appropriation for community service programs. 12 Includes City Manager separation agreement.
13 Insurance premiums under budget and savings from position vacancies. 14 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ General Fund
May 2022
92% of Fiscal Year Complete
1 of 4
Year‐to‐Date (YTD) Period 11 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Licenses and Permits $13,500 $14,505 107% $1,005 1
Current Service Charges 5,991,000 5,963,084 100% (27,916) 2 Other Revenue 40,000 9,357 23% (30,643) 3 Appropriations from Reserves ‐ 496,500 0% (496,500) 4 Appropriations from Fund Balance ‐ (277,304) 0% 277,304 5 TOTAL REVENUES $6,263,696 $5,986,946 96% ($276,750)

EXPENDITURES AND ENCUMBRANCES
Public Services $2,014,190 $1,871,735 93% ($142,455)
BBARWA Contract 2,831,000 2,873,085 101% 42,085 6 Contributions to Reserves ‐ ‐ 0% ‐ Interfund Transfers 1,418,506 449,091 32% (969,416) 7 TOTAL EXPENDITURES AND ENCUMBRANCES $6,263,696 $5,193,911 83% ($1,069,785) NOTES:
1 Consistent with the increase in building permit activity, actual represents new sewer connections. 2 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 3 Year‐to‐date represents three quarters of interest earnings and lower interest rates. 4 Committed fund balance appropriations will be applied at year‐end. 5 Fund Balance appropriations will be applied at year‐end. 6 Payment made semi‐annually in December and April to coincide with the receipt of service charges via the Property Tax roll. 7 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Sanitation
May 2022
92% of Fiscal Year Complete
2 of 4
Year‐to‐Date (YTD) Period 11 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Service Charges and Other Revenue $3,637,200 $3,478,524 96% ($158,676) 1 Appropriations from Reserves ‐ ‐ 0% ‐ TOTAL REVENUES $3,637,200 $3,478,524 96% ($158,676)

EXPENDITURES AND ENCUMBRANCES
Public Services $1,128,740 $863,697 77% ($265,043) 2
Big Bear Disposal Contract 2,326,100 1,914,962 82% (411,138) 3 Interfund Transfers 240,000 156,653 65% (83,347) 4 Contributions to Reserves ‐ ‐ 0% ‐ Contribution to Fund Balance ‐ (57,640) 0% 57,640 TOTAL EXPENDITURES AND ENCUMBRANCES $3,637,200 $2,935,312 81% ($701,888) NOTES:
1 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 2 Under budget due to vacancies.
3 Timing difference: Payments are made the month following the service period. 4 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Refuse
May 2022
92% of Fiscal Year Complete
3 of 4
Year‐to‐Date (YTD) Period 11 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Transient Occupancy Tax $1,620,000 $2,552,895 158% $932,895 1 Other Revenue 72,400 59,181 82% (13,219) Appropriations from Fund Balance ‐ 569,422 0% (569,422) 2 TOTAL REVENUES $2,261,822 $2,612,076 115% $350,254

EXPENDITURES AND ENCUMBRANCES
Interfund Transfers $2,261,822 $234,459 10% ($2,027,363) 3 TOTAL EXPENDITURES AND ENCUMBRANCES $2,261,822 $234,459 10% ($2,027,363) NOTES:
1 Actual includes remittances through April and increased visitation during the fourth quarter. 2 Fund Balance appropriations will be applied at year‐end. 3 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Measure Y
May 2022
92% of Fiscal Year Complete
4 of 4
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com April 2022 Vacation Rental
Compliance Report Summary
April 2022 Summary Number/$ % of Total
City Initiated Concerns 30 41%
Resident Concerns 44 59%
Total Concerns 74
Noise/Party/Spa 27 36%
Parking 20 27%
Over Occupancy 1 1%
No License 14 19%
No In-person Check-in 0 0%
Other (TOT, ads *, exterior sign, zoning) 12 16%
Citations Issued 23 31%
Citation Fines & Penalties $45,300
* Staff reviewing ads for compliance at renewal
April 2022 Concern Submission Platform
Total Concerns 74
Phone Call 37 50%
Web Form 0 0%
Email 3 4%
Mobile App 4 5%
Walk In 0 0%
City-initiated 30 41%
Apr 2022 Supply Nights 69,362
Apr 2022 Demand Nights 23,716
Apr 2022 Occupancy Rate 34%
Occupied Nights per Complaint 539
% Occupied Nights with No Complaint 99.81%
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com Supply Nights April Demand Nights
2021 2022 % Chg 2021 2022 % Chg

72.821 69,362 -4.8% 29,964 23,716 -20.9%
Occupancy Rate
2021 2022 % Change
41% 34% -16.9%
Average Daily Rate RevPAR*
2021 2022 % Chg 2021 2022 % Chg
$ 480 $ 359 -25.3% $281 $ 123 -56.4%
*RevPAR is Revenue Per Available Rental = ADR x Occupancy Rate **Source: Airdna - Includes all entire place properties listed on Airbnb and VRBO (incl. lodges).

Y-over-Y Through
March
Resident
Concerns
Nights
Booked
% with No
Concern
Reported
Booked
Nights Per
Concern
Concern Per
Night
Decrease
YoY
2022 300 149,569 99.80% 499
-58%
2021 552 173,996 99.68% 315
Comparison -252 -24,427 0.12% 184
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com 74%
26%
0%
Citation Recipient
Owner
Guest
Agent
27 20
1 14
0 12
0 5 10 15 20 25 30
Noise/Party/Spa
Parking
Over Occupancy
No License
No In-person Check-in
Other (TOT, ads *, exterior sign, zoning)
Type of Concerns
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com * Staff reviewing ads for compliance at renewal.
50%
4%0%
5%
0%
41%
Concern Submission Platform
Phone Call
Web Form
Email
Mobile App
Walk In
City-initiated
20%
39%
10%
31%
Disposition of Concerns
No Violation Observed by Officer
Issued Verbal Warning
Issued Written Warning
Issued Citation
Reference Number Date Entered Status Disposition Concern Address Concern Type** Concern Description Source Type Property Owner Name Summons Fine Total* RAC‐2022‐00584 4/1/2022 Closed Issued Verbal Warning 42640 JUNIPER DR Vacation Rental Trash Stored at Vacant Property RP states several bags of trash left on front porch ‐ animals have now gotten into them.

Phone Call FINETE JOSE F S & J C TRUST $0
RAC‐2022‐00585 4/1/2022 Closed Issued Verbal Warning 40324 LAKEVIEW DR Vacation Rental Noise/Party RP says that group at the house have been loud for a couple of days but they just started playing very loudmusic.

Phone Call SANGANI,SACHIN & MONA $0
RAC‐2022‐00586 4/1/2022 In Progress Issued Citation 39447 LAKE DR Vacation Rental Noise/Party Amplified music heard from 2 properties away. RP states that there are approximately 8 men behind the subject VR blasting rap music at the edge of the lake.

Phone Call PARKS,ROBERT J & LORETTE $500
RAC‐2022‐00587 4/1/2022 Closed Issued Verbal Warning 43413 RIDGECREST DR Vacation Rental Parking on Street or Yard Found cars parked on street instead of in driveway. Inspector Walkaround BREUER,MARCUS A & JANAINA L $0 RAC‐2022‐00588 4/1/2022 Closed Issued Verbal Warning 371 EDGEMOOR RD Vacation Rental Noise/Party RP reported VR loud music Phone Call CARDENAS,KELLI $0 RAC‐2022‐00589 4/1/2022 Closed Issued Citation 746 SILVER TIP DR Vacation Rental Noise/Party Party / amplified music heard at the street GovAlert LANDER,JOSHUA THOMAS $500 RAC‐2022‐00590 4/2/2022 In Progress Issued Citation 125 STARVATION FLATS RD Vacation Rental Noise/Party Observed 5 vehicles parked at subject vacation rental, 4 permitted. Lights and amplified music observed as I up tothe property.

Inspector Walkaround SEVERSON MICHAEL & JENNIFER LIVING TRUST $500 RAC‐2022‐00591 4/2/2022 In Progress Issued Citation 43565 WOLF RD Vacation Rental Parking on Street or Yard Officer reports parking issue 8 cars and amplified music. Inspector Walkaround GRAY WOLF LODGE LLC $1,000 RAC‐2022‐00592 4/2/2022 In Progress Issued Citation 42543 PEREGRINE AVE Vacation Rental Noise/Party RP states loud music since 10 am in the area of Peregrine/Elm.Upon arrival to the area, Code Officer Massengilldetermined 42543 Peregrine Ave to be the property inviolation.

Phone Call WRIGHT,RACHEL $500
RAC‐2022‐00593 4/2/2022 Closed Issued Verbal Warning 371 EDGEMOOR RD Vacation Rental Noise/Party RP states loud, raucous party. Witnessed public urination. Phone Call CARDENAS,KELLI $0 RAC‐2022‐00594 4/2/2022 Closed No Violation Observed by Officer 738 TEHAMA DR Vacation Rental Parking on Street or Yard Car parked on the street again GovAlert SALEM,CHRISTOPHER E $0 RAC‐2022‐00596 4/2/2022 Closed Issued Verbal Warning 839 RAVINE RD Vacation Rental Noise/Party RP is from management company. Went out due to call of over occupancy. their employees went out but guests
became belligerent. requesting back‐up
Phone Call OCHAGAVIA,PEDRO ANGEL DIAZ $0
RAC‐2022‐00597 4/3/2022 In Progress Issued Citation 43620 COLUSA DR Vacation Rental Noise/Party RP reports loud yelling and screaming in addition to amplified music and spa use coming from this property.

Phone Call Kristin Swanson $1,000
RAC‐2022‐00598 4/3/2022 Closed Issued Citation 43620 COLUSA DR Vacation Rental Owner/Agent Failure to Respond Agent number on sign goes to recording that business is closed. No forwarding option or alternate number
provided.

Phone Call SoCal Vacations $500
RAC‐2022‐00599 4/3/2022 Closed No Violation Observed by Officer 270 SCANDIA RD Vacation Rental parking too many cars 5 cars sign says 4 GovAlert REYNOLDS,CARSON $0 RAC‐2022‐00601 4/4/2022 Closed No Violation Observed by Officer 152 LAKE DR Vacation Rental Parking on Street or Yard RP states that street is blocked due to cars on street Phone Call 152 LAKE DRIVE LLC $0 RAC‐2022‐00602 4/4/2022 Closed Issued Written Warning 812 ELM ST Vacation Rental Advertising without a License After Inspection I observed an ad with deficiencies. Inspector Walkaround OTTO,DIANE L $0 RAC‐2022‐00603 4/4/2022 Closed No Violation Observed by Officer 43439 SHASTA RD Vacation Rental Noise/Party RP states the occupants have been noisy all day but it is getting late and he does not want them to be noisy
anymore. RP states location given is approximate area. RP also states there is amplified music.

Phone Call GONZALEZ,RICHARD MICHAEL JR & CELINE $0
RAC‐2022‐00604 4/4/2022 Closed Issued Verbal Warning 575 TIMBER LN Vacation Rental Noise/Party RP states amplified music blaring off the back deck. Phone Call SCARPETTI,JAKE A $0 RAC‐2022‐00606 4/5/2022 Closed No Violation Observed by Officer 43439 SHASTA RD Vacation Rental Noise/Party RP states loud music and noise coming from VHR and has been occurring all day. I advised RP to call when the
violation is occurring and informed her during the previous nights response there was no violation observed. RP
requested we contact the management company becauseshe thought this was absurd.

Phone Call GONZALEZ,RICHARD MICHAEL JR & CELINE $0
RAC‐2022‐00609 4/6/2022 Closed Issued Citation 1215 SISKIYOU DR Vacation Rental Noise/Party RP called and stated guests were over occupied, parking on the street, and playing amplified music.

Phone Call AYVAZIAN FAMILY TRUST $500
RAC‐2022‐00614 4/8/2022 Closed Issued Verbal Warning 981 COLUSA LN Vacation Rental Parking on Street or Yard CAR PARKED IN STREET OVER LIMIT. Inspector Walkaround SAM HC LLC $0 RAC‐2022‐00615 4/8/2022 In Progress Issued Citation 39802 LAKEVIEW DR Vacation Rental Leasing without a License RP states that ownwer does not have a current license/permit to rent but is renting this weekend and the tenants just showed up.

Phone Call RIBA,ALAN & WESLEY $0
RAC‐2022‐00616 4/8/2022 Closed Issued Citation 40138 LAKEVIEW DR Vacation Rental Owner/Agent Failure to Respond While on patrol I observed 8 vehicles at a 4 car max VHR. Inspector Walkaround Jeffrey R. Buchheister $1,000 RAC‐2022‐00617 4/8/2022 Closed No Violation Observed by Officer 895 KNIGHT AVE Vacation Rental Noise/Party Very loud music Phone Call WILKINS,DOUGLAS P & MARIA R $0 RAC‐2022‐00618 4/9/2022 Closed Issued Verbal Warning 1068 CLUB VIEW DR Vacation Rental Spa after 10pm RP STATES SPA USE AFTER 10:00 PM. ASKED TO SHUT IT DOWN AND WAS TOLD TO F OFF.

Phone Call CARROLL,JOHN P & LAUREN A $0
Reference Number Date Entered Status Disposition Concern Address Concern Type** Concern Description Source Type Property Owner Name Summons Fine Total* RAC‐2022‐00619 4/9/2022 Closed Issued Verbal Warning 832 MENLO DR Vacation Rental Spa after 10pm RP states he observed VRG`s using a hot tub at 5:56 AM.

RP states he thinks they may have been using it all night however he is not sure.

Phone Call BOULTINGHOUSE FAMILY TRUST $0
RAC‐2022‐00620 4/9/2022 Closed Issued Verbal Warning 43158 SUNSET DR Vacation Rental Parking on Street or Yard RP stated there was a vehicle from a VHR parked in her driveway. RP expressed her severe frustration with VHRowners not managing their homes.

Phone Call SOARING EAGLES NEST ONE LLC $0
RAC‐2022‐00621 4/9/2022 Closed No Violation Observed by Officer 42512 FOX FARM RD Vacation Rental Noise/Party RP STATES YELLING AND AMPLIED MUSIC. Phone Call HONARCHIAN SAKI,ROMIK $0 RAC‐2022‐00622 4/9/2022 Closed Issued Verbal Warning 392 CATALINA RD Vacation Rental parking too many cars RP states 5 cars on property ‐ 2 in garage, 2 in driveway and 1 on the street and assumes that there are more than the permitted number of occupants. They are allowed 2
cars and 7 occupants including 6 adults.

Phone Call MAHLSTEDT,ERIC $0
RAC‐2022‐00623 4/9/2022 Closed No Violation Observed by Officer 40229 MAHANOY LN Vacation Rental Noise/Party RP states very loud bass music playing. Phone Call KRAUSE,JAMES & KIMBERLY $0 RAC‐2022‐00624 4/9/2022 Closed Issued Verbal Warning 832 MENLO DR Vacation Rental Spa after 10pm SPA USE AFTER 10:00 PM Phone Call BOULTINGHOUSE FAMILY TRUST $0 RAC‐2022‐00631 4/12/2022 In Progress Issued Citation 861 THRUSH DR Vacation Rental Leasing without a License we received an email stating this home didn`t do an in person check in. this home expired in 6/21/2021 and
hasn`t renewed or applied for a new license.

Email ROAMING BEAR RENTALS LLC $7,500
RAC‐2022‐00632 4/12/2022 Closed Issued Written Warning 428 TYROL LN Vacation Rental Advertising without a License Advertising self‐check‐in. License recently expired. TOT current.

Inspector Walkaround SANTILLAN,DANIEL JR & MARITZA ZAMORA $0 RAC‐2022‐00633 4/12/2022 In Progress Issued Citation 755 TOMAHAWK DR Vacation Rental Trash Stored at Vacant Property RP states bags of trash left out in front of the house and now animals have gotten into it and it is blowing around the neighborhood.

Phone Call Daniel Fagerson $1,000
RAC‐2022‐00638 4/14/2022 Closed Issued Citation 695 COVE DR Vacation Rental Advertising without a License This home is advertising without a license. Inspector Walkaround DEBEIKES,BRITTANY D $2,500 RAC‐2022‐00639 4/14/2022 In Progress Issued Citation 791 COVE DR Vacation Rental Advertising without a License this home expired 12/11/2021 and is delinquent on their TOT. there are reviews for December 2021, January 2022, February 2023.

Inspector Walkaround STINSON,KASEY LEE & VIKTORIYA $2,500 RAC‐2022‐00641 4/14/2022 In Progress Issued Citation 42707 LA CERENA AVE Vacation Rental Advertising without a License The license on this home has been expired since 11/30/2021
Inspector Walkaround HAYTON JAMES W TRUSTUST (9‐12‐97) $1,100 RAC‐2022‐00643 4/14/2022 Closed Issued Citation 266 S EAGLE DR Vacation Rental Advertising without a License This home expired on 8/8/2021. They paid the new registration fee on 3/29/2022 but it seems the this home owner has continued to advertise. the home has reviews
from September 2021, October 2021, November 2021,
December 2021, January 2022, February 2022.

Inspector Walkaround DOLD,PETER J JR & LESLEY A $2,500
RAC‐2022‐00644 4/14/2022 Closed SYLVAN GLN Vacation Rental Incessant Barking from Dog Heard at Property Line Barking dogs left inside rental GovAlert JEPPSON,MICHAEL R $0 RAC‐2022‐00646 4/15/2022 Closed Issues Resolved Without Warning 43689 COLUSA DR Vacation Rental Parking on Street or Yard 3 cars parked in driveway. Limit one. Inspector Walkaround LENNOX,LAUREN MICHELLE $0 RAC‐2022‐00647 4/15/2022 Closed Issued Verbal Warning 981 COLUSA LN Vacation Rental Parking on Street or Yard car parked on street and in front of fire hydrant. Inspector Walkaround SAM HC LLC $0 RAC‐2022‐00648 4/15/2022 Closed Issued Verbal Warning 41531 SWAN DR Vacation Rental Over Occupancy 24 hour agent en route Phone Call RENTERIA,ROBBIE $0RAC‐2022‐00649 4/15/2022 In Progress 41516 SWAN DR Vacation Rental Noise/Party Amplified music Inspector Walkaround STREHLOW,RYAN & CAROLE $0 RAC‐2022‐00650 4/16/2022 In Progress Issued Verbal Warning 43181 SAND CANYON RD Vacation Rental Parking on Street or Yard Vacation rental guests parked on a non‐permitted asphalt driveway. Owner was told in person on October 6th 2021
that the driveway was not Code/VR compliant and that to pass his inspection he would be required to block the
driveway with a chain to prevent guests from parking.

House passed self cert without inspect for the driveway.

Inspector Walkaround NEWMAN,DYLAN C & BRITTANY E $0
RAC‐2022‐00651 4/16/2022 Closed Issued Verbal Warning 42531 CEDAR AVE Vacation Rental parking too many cars 6 cars‐3 max Inspector Walkaround ROBERTS,JOHN D & KIM R $0 RAC‐2022‐00654 4/17/2022 Closed Issued Verbal Warning 568 SILVERTIP DR Vacation Rental Noise/Party Phone Call GIVENS,GEORGE T & KIMBERLY D $0 RAC‐2022‐00655 4/17/2022 Closed No Violation Observed by Officer 373 CATALINA RD Vacation Rental Noise/Party YELLING AND SCREAMING AND OPEN FIRE IN BACK YARD. Phone Call PATRIKYAN,A & KHANOYAN S TRUST $0 RAC‐2022‐00658 4/18/2022 In Progress Issued Citation 41935 SWITZERLAND DR Vacation Rental Delinquent TOT Failure to report & remit Q4‐2021 TOT/TBID Admin/Council SPECKMAN,KAROL $500 RAC‐2022‐00659 4/18/2022 In Progress Issued Citation 791 COVE DR Vacation Rental Delinquent TOT Failure to report & remit Q4‐2021 TOT/TBID Admin/Council STINSON,KASEY LEE & VIKTORIYA $6,500 RAC‐2022‐00660 4/18/2022 In Progress Issued Citation 43767 CANYON CREST DR Vacation Rental Delinquent TOT Failure to report & remit Q4‐2021 TOT/TBID Admin/Council WHONSETLER,STEPHANIE $1,500 RAC‐2022‐00661 4/18/2022 In Progress Issued Citation 42381 AVALON RD Vacation Rental Delinquent TOT Failure to report & remit Q4‐2021 TOT Admin/Council STINER,RYAN DAVID $200 RAC‐2022‐00662 4/18/2022 In Progress Issued Written Warning 38795 WATERVIEW DR Vacation Rental Trash Stored at Vacant Property Rental agency called in anonymous complaint that the owner is telling guests to go ahead and leave the trash andit will be taken care of. The agency is tired of picking up trash and worrying that they are going to get cited.

Phone Call Kenneth & Kristan Cohen $0
RAC‐2022‐00664 4/18/2022 Closed Issued NOV 340 CRYSTAL LAKE RD Vacation Rental Advertising without a License After the VHR inspection I observed an add with deficiencies.

Inspector Walkaround MCCARTHY,DANIEL J & SANDRA J $0
RAC‐2022‐00669 4/19/2022 Closed Issued NOV 39978 HILLCREST DR Vacation Rental Advertising without a License After the VHR inspection I observed some deficiencies within the posted ad.

Inspector Walkaround PRINE,TERRY L & KARI A $0
Reference Number Date Entered Status Disposition Concern Address Concern Type** Concern Description Source Type Property Owner Name Summons Fine Total* RAC‐2022‐00671 4/20/2022 Closed No Issue 241 CRATER LAKE RD Vacation Rental Advertising without a License This home has been expired since 2020 and seems to still be operating a vacation rental.

Email SADEGHIPOUR,JAMSHID & JODY A $7,500
RAC‐2022‐00672 4/20/2022 In Progress Issued Citation 746 PINE KNOT AVE Vacation Rental Advertising without a License Observed an ad on Rentalscape that has been expired since 9/3/2021 and advertising self check in. Rentalscape data shows leasing activity since 2/20/2022.

Inspector Walkaround Mark Borden $2,500
RAC‐2022‐00674 4/20/2022 Closed No Violation Observed by Officer 609 MARIN RD Vacation Rental Noise/Party RP stated he wanted to put in a noise complaint. When asked if the residence was a VHR RP stated that he did not know.

Phone Call AVINA,SERGIO $0
RAC‐2022‐00678 4/22/2022 Closed No Violation Observed by Officer 39445 LAKE DR Vacation Rental Noise/Party RP States loud music Phone Call $0 RAC‐2022‐00679 4/22/2022 Closed Issued Verbal Warning 445 MORNINGSTAR PL Vacation Rental Parking on Street or Yard PARKING ON STREET/ OVER LIMIT. Inspector Walkaround LINAKER PROPERTIES LLC $0 RAC‐2022‐00680 4/23/2022 Closed Issued Verbal Warning 981 COLUSA LN Vacation Rental Parking on Street or Yard TWO CARS PARKED IN STREET/ OVER LIMIT/ BLOCKING HYDRANT.

Inspector Walkaround SAM HC LLC $0
RAC‐2022‐00681 4/23/2022 Closed Issued Verbal Warning 1215 SISKIYOU DR Vacation Rental Parking on Street or Yard RP stated they had one extra vehicle and were parking in a neighbors driveway.

Phone Call AYVAZIAN FAMILY TRUST $0
RAC‐2022‐00682 4/23/2022 Closed Issued Verbal Warning 241 ORION WAY Vacation Rental Parking on Street or Yard PARKING ON STREET/ OVER LIMIT. Inspector Walkaround SHENG,RODNEY T & BRIGIT M $0 RAC‐2022‐00683 4/23/2022 Closed Issued Verbal Warning 41728 SWITZERLAND DR Vacation Rental Parking on Street or Yard RP stated there was an excess of cars at this VHR. RP also stated there was two vehicles parking on the street under no parking signs impeding traffic.

Phone Call ORTIZ,DAVID L $0
RAC‐2022‐00684 4/23/2022 Closed Issued Verbal Warning 692 ST MORITZ DR Vacation Rental Parking on Street or Yard RP states there is no extra cars however, the vehicle is parked off the parking pad.

Phone Call POPESCO,CATHERINE TRUST $0
RAC‐2022‐00685 4/23/2022 Closed Issued Verbal Warning 39585 LAKE DR Vacation Rental Noise/Party RP states music so loud you can hear it multiple houses away.

Phone Call BORRIE,JOSEPH L & DRINDA S $0
RAC‐2022‐00686 4/23/2022 In Progress Issued Citation 39157 CHINCAPIN RD Vacation Rental parking too many cars RP states sign says 2 cars and 6 people. There are 3 cars and he believes more than 6 people.

Phone Call JANSMA,BRANDON $1,000
RAC‐2022‐00687 4/24/2022 In Progress Issued NOV 219 LAGUNITA LN Vacation Rental Non‐compliance with Zoning/Building/Fire Codes Three large dead trees on VHR property. Inspector Walkaround Christine Chow and Weijun Zeng/ GOLDEN PINEA $0 RAC‐2022‐00689 4/24/2022 Closed Issued Verbal Warning 42363 SNOWCREST DR Vacation Rental Advertising without a License False Occupancy Information listed in advertisements.

Advertising 9 guest max, licensed for 7 guests maxed.

Inspector Walkaround SCHAACK,SUSAN A $0
RAC‐2022‐00690 4/25/2022 In Progress Issued Citation 574 KNIGHT AVE Vacation Rental Advertising without a License I found this property to have an expired license advertising overoccupancy, and advertising an additional unit in the triplex that was never licensed.

Inspector Walkaround Mark Mitchell $2,500
RAC‐2022‐00691 4/25/2022 In Progress Issued NOV 834 SILVER TIP DR Vacation Rental Non‐compliance with Zoning/Building/Fire Codes A. The owner and owner`s agent shall ensure that the vacation‐rental property complies with all applicable codesregarding fire, building and safety, health and safety, zoning, lighting, and all other laws and regulations.

17.12.060 Prohibited Signs:

L. Signs on natural features. Signs attached to or
painted on natural features, such as trees,
shrubs or rocks.

Email Kristopher Rentfro and Alyssa Newcomer $0
RAC‐2022‐00694 4/26/2022 Closed Issued Verbal Warning 39470 LAKE DR Vacation Rental Noise/Party RP reported loud yelling and shouting. RP advised that noise ordinance doesn`t begin until 10PM.

Phone Call REYNOLDS,ERIC $0
RAC‐2022‐00701 4/30/2022 Closed No Violation Observed by Officer EDGEMOOR RD Vacation Rental Noise/Party call came in at 10:22am about loud music coming from the direction of Holloways marina. The rp was unclear if it was from a vacation rental or the marina. the rp state that the loud music has been goin on all night and this morning.

Phone Call WICHITA,JERRY J II & TONI C $0
RAC‐2022‐00702 4/30/2022 Closed Issued Verbal Warning 43228 SHEEPHORN RD Vacation Rental parking too many cars 8 cars in driveway. Inspector Walkaround BETA LUNA HOLDINGS LLC $0 Total Fines Imposed $45,300
* Citations are subject to appeal and a 3rd party adjudication hearing. ** Concern type is the original concern reported. Citations may have been written for different violations than originally reported.

Reference Number Date Entered Status Disposition Concern Address Concern Type** Concern Description Source Type Property Owner Name Summons Fine Total* Row Labels Count of Concern Type**
Vacation Rental Advertising without a License 12 16%Vacation Rental Leasing without a License 2 3%Vacation Rental No License 0 0%Vacation Rental Noise/Party 24 32%Vacation Rental Parking on Street or Yard 15 20%Vacation Rental parking too many cars 5 7%Vacation Rental Spa after 10pm 3 4% Vacation Rental No Exterior Sign 0 0%
Vacation Rental No In‐Person Check‐In 0 0%Vacation Rental Failure to Respond 2 3%Vacation Rental Trash Stored at Vacant Property 3 4%Vacation Rental Delinquent TOT 4 5%Vacation Rental Non‐compliance with Zoning/Building/Fire Codes 2 3% Vacation Rental Over‐Occupancy 1 1%Vacation Rental Barking Dogs 1 1% Citations Issued 74 100%
Date Rec'd Details of Request Requesting Party Response Date Outcome of Request Total Logged Staff
Time (estimated)
Expense for IT
Support &
Legal
Assistance
(estimated)
NOTES
17-Sep-21
various items, including:
correspondence between
Councilmember Lee and other
Councilmembers/staff/DWP Board
Members; Councilmember Lee
FPPC Forms; all public record
requests received and materials
produced; all PRA requests
submitted by Councilmember Lee;
expense report information re:

Councilmember Lee
Tara Paul - Allen
Matkins Leck Gamble
Mallory & Natsis LLP
PENDING: Rolling
Production/ Letter
requesting extension for
determination letter sent
via email on 9/27/21 -
FPPC forms sent on 9/27 ;
Determination letter sent
on 10/11/21 &
subsequent letter with
additional documents
sent on 10/12/21;
production of records
sent 11/12/21; 12/9/21;
1/13/22; 2/11/22;
3/17/2022, 4/21/2022;
5/27/2022
BBK is assisting
with this
request
10-Feb-22
all email communication to and
from Alan Lee, Rick Herrick,
Randall Putz, Perri Melnick,
Bynette Mote, and Frank Rush
from 1/1/2000-2/10/2022; all text
message exchanges between the
above individuals between
1/1/2000-2/10/2022
American Institute of
Quality Public Service
Rolling production:
production of records
sent on: 3/10/2022
7 hours (so far)
7-Mar-22
emails/letters/notes, etc between
Council and the City Manager and
Judi Bowers from 8.1.2021-

3.7.2022; Ryan Orr between

1.4.2022 - 3.7.202; between Mote
and Lee 8.1.2021-3.7.2022; and
Mote and Beth Wheat 8.1.2021-

3.7.2022
Dennis Large
PENDING; first
production sent on

4.19.2022; second
production sent on June
15, 2022

2.5 hrs
Intelesys (IT)
support:
$202.24
June/ July 2022 Records Request Log
Below is a list of records requests that have either been received during the month of July, completed during the month of July or are considered as "rolling productions" in which responsive documents have been sent/will be sent during the month of July. 17-Mar-22
documents & communications
between Frank Rush &
Councilmember Lee relating to
behavior, staff workload &
attempts to schedule meetings;
internal documents &
communications to staff by frank
rush and erica stephenson related
to handling document requests
for/by Councilmember Lee
Dennis Large
Rolling Production:
production sent on
5/11/2022

4.5 hours
14-Apr-22
all documentation relating to the
Castle Rock Trailhead
Improvements Project & Parking
Lot
Lupe Lugo PENDING 10 hours
Intelesys (IT)
support:
$445.44
4/28/2022
Records Related to 214 Lagunita
Lane; documentation related to
City ordinances regarding
weddings
Paige Gosney
Rolling Production:
production of records
sent on: 5/6/2022;
6/3/2022
10 hours
24-May-22
596 Lucerne; building and
engineering plans and permits,
including any stamped structural
plans for the building
Alyssa Golden
PENDING; Sent email on
5/26 asking for
completed affidavit form;
sent follow-up email on
6/21
2-Jun-22
41738 Comstock Lane; all city
documents, including permits,
inspection records, applications
and written communication
relating to the building of the
property
Ryan W. Baldino
PENDING - waiting for
Tammy (full set of plans)
and waiting for
permission from arhcitect
to release plans
3-Jun-22
all of Councilmember Lee's emails
from his City of Big Bear Lake email
account from May 18 - May 31,
2022
Dana Prophet 13-Jul-22
requested emails sent via
email; emails to/from
attorney withheld due to
attorney client privilege
2 hours
20-Jun-22
Omeo Suites FKA Big Bear Inn,
complaints regarding habitability
and CO issues.

Ryan Tikker, Esq. 7-Jul-22 Response sent 1 hour
22-Jun-22
"recordings of the City Council
meetings for the period of time the
audio/viaul recording bigns prior to
and at the conclusion of each
meeting since the inception of this
new recording policy to the June
20, 2022 Council meeting"
The Mote Recall
ROLLING PRODUCTION:
first production to be
sent on 7/15/2022
22-Jun-22
copies of public records of open
code violations on residential
properties
Luisa Rivera 13-Jul-22
open code violation log
sent; identify of informer
and personal identifying
information redacted
1 hour
23-Jun-22
42138 Big Bear Blvd; building
permit records, reports of
hazardous materials, underground
and above ground storage tanks;
etc
Galina Gamzyakova 13-Jul-22
records sent via email; no
hazardous information -
city is not the custodian
of such records
1 hour
24-Jun-22
any and all records pertaining to
any and all opposition to public
housing in Big Bear Lake (2009-
2011) - Sandalwood Community
Opposition- opposition was
discussed on March 16 and March
28 2011; communications or public
statement by the Sandalwood
Community
Theodore Trentman PENDING
29-Jun-22 992 Colusa Lane- any and all
permits issued for the property Craig Morff 7/12/2022 response sent 20 Minutes 5-Jul-22
40729 Village Dr- any plans
submitted for entitlement or
building plan check
39372 Big Bear Blvd- all plans
submitted for entitlement or
building plan check
Kenneth Pang (for

CDA) PENDING
5-Jul-22
Ordinances for Tobacco and
Marijuana control laws showing
final adoption date
Mary Pierce 7/11/2022
Response sent- all
ordinances asked for
were found
20 mins
5-Jul-22
42020 Big Bear BlvdEnvironmental site assessment,
any permits or reports
Galina Gamzyakova 7/13/2022
Response sent - one out
of six requests in her PRR
could be fulfilled
20 Minutes
10-Jul-22
any and all correspondence sent to
CBBL as public comment/input for
the Public Ad Hoc Committee
Compromise Meeting June 14-17
Shelley Black PENDING
12-Jul-22
any permits, plans, other docs that
can help explain the construction
or ownership history at 41121 Big
Bear Blvd.

Terri Jacquemain PENDING
12-Jul-22 permits, plans, reports, violations,
any records at 42136 Big Bear Blvd. Farshad Meshkinpour PENDING 6/12/2022
planning records from the
Cave/David Stone at 40789 Village
Dr,
Rod Vanden Broda PENDING
Department of Water, City of Big Bear Lake
41972 Garstin Drive, P.O. Box 1929 · Big Bear Lake, CA 92315-1929 · Phone 909/866-5050 · Fax 909/866-3184 · www.BBLDWP.com This institution is an equal opportunity provider and employer.

DEPARTMENT OF WATER

Service, Quality, Community
DATE: June 28, 2022
TO: Jeff Mathieu, Interim City Manager
FROM: Reginald A. Lamson, DWP General Manager
RE: DWP Monthly Update – May 2022

SERVICE DELIVERY
Water services that were provided May 1, 2022 to May 31, 2022:
15,890 Customers provided with water service.
1,027 Field service calls completed.
3 Main leak repaired.
8 Main leaks year-to-date 2022 9 Main leaks year-to-date 2021 8 Service leak repairs
19 Service leaks year-to-date 2022 23 Service leaks year-to-date 2021

74.50 Million gallons produced by wells.
$754,264 Processed in billings.
8,341 Accounts processed in billings.
2,376 Number of customers on E-bill
126 New Accounts (includes tenant turnover).

9.225 Equivalent Dwelling Units (EDU) added to the water system. $997,120 Total Gross receipts processed.

BOARD MEETINGS:

The following was approved by the Board of Water and Power Commissioners at a Regular Board Meeting on May 24, 2022:
• The Board adopted Resolution No. DWP 2022-08 reconfirming adjustments to rates, charges, and fees for water service as adopted by the Board on April 24, 2018 and ordained by the City Council on June 11, 2018 .
• The Board adopted Resolution No. DWP 2022-09 supporting the USBR FY23 Grant Funding application for the Division No. 9 Well Pumping Plant Project.
• The Board adopted Resolution No. DWP 2022-10 supporting the USBR FY23 Grant Funding application for the Wolf Reservoir & Boosters Replacement Project.

The following was approved by the Board of Water and Power Commissioners at a Regular Adjourned Board Meeting on May 27, 2022:
• The Board agreed to forego the presentation on the Fiscal Year 2022/23 Budget.

City Manager’s Report
June 28, 2022

Page 2 of 2 ends

• The Board adopted Resolution No. DWP 2022-11 adopting the DWP Budget for Fiscal Year 2022/23.

The Board of Water and Power Commissioners held a Special Board Meeting on June 8, 2022 to review the Water Shortage Contingency Plan (WSCP). The Board took no action at this meeting.

Big Bear Lake City CouncilJuly 18, 2022

Big Bear Lake City Council
July 18, 2022