Regular Meeting Minutes – July 18, 2022
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A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 4:15 p.m., Monday, July 18, 2022, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
PUBLIC FORUM FOR CLOSED SESSION: None.
At the hour of 4:15 p.m., Council adjourned to Closed Session.
At the hour of 6:05 p.m., Mayor Herrick called Open Session to order.
OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Putz
Invocation: Invocation was led by Pastor Eric Hoerger from Believer’s Chapel.
Councilmembers Present: Mayor Rick Herrick
Mayor Pro Tem Bynette Mote
Councilmember Alan Lee
Councilmember Perri Melnick
Councilmember Randall Putz
Others Present: Jeff Mathieu, Interim City Manager
Erica Stephenson, City Clerk
Stephen P. Deitsch, City Attorney
RESULTS OF CLOSED SESSION
1. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957 Title of Position to be filled: City Manager
No reportable action.
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
Meeting Minutes
July 18, 2022
Patrice Duncan, Big Bear City resident, implored Council to take disciplinary action against Councilmember Lee for his consecutive unexcused absences at prior Council Meetings; briefly discussed Councilmember Lee’s Fair Political Practices Commission (FPPC) campaign statements and questioned his expenses and contributions.
Ellen Clarke, Executive Director of the Big Bear Chamber of Commerce, invited the Council and the public to the upcoming Chamber of Commerce fundraiser on July 31.
Matt Scriven, Big Bear Lake resident, recalled a recent experience with a petitioner that was seeking signatures for the Recall of Councilmember Mote; expressed his beliefs that the petitioner was portraying false information about Councilmember Mote.
Alan Lee, Big Bear Lake Councilmember, stated that he makes his Council decisions based upon what he said he would do for his constituents during his campaign: including his efforts to, strike a balance in the community related to the oversaturation of private home rentals, to treat all local businesses fairly, and his intentions to provide a voice to “everyday Big Bear” residents; implored the entire Council to do better for the community; expressed his disappointment related to the treatment he received recently while he and his family grieved the passing of his mother-in-law.
Malcolm Lee, Big Bear Lake resident, stated his Big Bear Lake address where he resides, his profession as a public school teacher and indicated that he was Councilmember Lee’s son; expressed he was speaking tonight to defend the honor of his grandmother that had recently passed away; believes it is shameful how the Council has treated his father during his families time of grief.
Bernard Bryan, Big Bear Lake resident, stated that the vacation rental compromise is making a mockery of the community and the real issues at hand; outlined his position for supporting the Recall of Councilmember Mote; expressed the negative feedback he has received regarding Councilmember Mote while he has been seeking petition signatures.
Theodore Trentman, Big Bear Lake resident, discussed an affordable housing project that he indicated was voted down by Council in 2011 due to community opposition; questioned Councilmember Lee’s motives and expressed his beliefs that the community was in a better position before Councilmember Lee taking office.
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 Approved.
1.2 RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR THE ROTARY
PARK LIGHTING PROJECT
City Council considered a formal resolution accepting the improvements and authorizing the Notice of Completion for the Rotary Park Lighting Project. A contract for the lighting improvements was awarded to 3P Construction, Menifee, CA, in March 2022. The work was completed on June 24, 2022, thus staff recommended that the City Council accept the work of 3P Construction as complete and authorize the filing of a Notice of Completion.
Approved and adopted the following resolution entitled:
Meeting Minutes
July 18, 2022
RESOLUTION NO. 2022-78
RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR THE
ROTARY PARK LIGHTING PROJECT
1.3 RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR THE CIPP SEWER
LINING PROJECT
City Council considered a formal resolution accepting the improvements and authorizing a Notice of Completion for the CIPP Sewer Lining Project. 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. The work was successfully completed as of June 16, 2022, thus staff recommended that the City Council accept the work of Sancon Engineering, Inc. as complete and authorize the filing of a Notice of Completion.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-79
RESOLUTION AUTHORIZING A NOTICE OF COMPLETION
FOR THE CIPP SEWER LINING PROJECT
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 considered 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.
Approved and adopted the following resolutions entitled:
RESOLUTION NO. 2022-80
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
RESOLUTION NO. 2022-81
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
Meeting Minutes
July 18, 2022
1.5 RESOLUTION AUTHORIZING BEST BEST & KRIEGER TO PROVIDE 2022 ELECTION
OFFICIAL SUPPORT SERVICES
City Council considered 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.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-82
RESOLUTION AUTHORIZING BEST BEST & KRIEGER TO
PROVIDE ELECTION OFFICIAL SUPPORT SERVICES
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 received, filed and accepted a Certificate of Sufficiency of a Local Initiative Petition seeking removal of Councilmember Alan Lee. The City Council also considered calling a recall election for Councilmember Alan Lee, in addition to two other resolutions related to the recall election.
Approved and adopted the following resolutions entitled:
RESOLUTION NO. 2022-83
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
RESOLUTION NO. 2022-84
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
RESOLUTION NO. 2022-85
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
Meeting Minutes
July 18, 2022
A Motion was made by Councilmember Putz, seconded by Councilmember Melnick, to approve the Consent Calendar, with Councilmember Lee indicating that at the advice of legal Counsel he was abstaining from Item 1.6.
Said motion was approved by the following vote:
AYES: Putz, Melnick, Lee, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
2. 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. Sue O’Strander, Director of Community Development, announced that the appellant withdrew the appeal, so no further action was necessary therefore 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 conducted a Public Hearing, accepted public testimony regarding a Resolution Approving a Solid Waste Franchise Agreement with Big Bear Disposal, Inc. and Adopting the Solid Waste Rates.
Stephen Deitsch, City Attorney, gave an overview of the proceedings for Proposition 218 items.
Sean Sullivan, Director of Public Services, presented the item and reviewed the proposed scope of services and rates for residential, and commercial properties; gave a general overview of SB 1383 and how the legislation is guiding additional scope of services; recommended that this item be continued to the City Council meeting scheduled for August 1, 2022 for consideration.
At the hour of 6:57 p.m., Mayor Herrick opened the public hearing and the following individual approached Council:
Andy Acosta, Big Bear Lake resident, questioned why the City did not issue a Request for Proposal for the service agreement; expressed his understanding of the recent increase in expenses impacting businesses; stated Big Bear Disposal facilities and operations could be improved upon, although overall he believes their garbage collection is being handled fairly well.
Seeing no further speakers, Mayor Herrick closed the public hearing at the hour of 7:03 p.m.
No formal action was taken by Council; the item will be further considered at the August 1, 2022 Regular City Council Meeting.
Meeting Minutes
July 18, 2022
2.3 RESOLUTION APPROVING THE PLACEMENT OF SEWER AND REFUSE FEES ON THE FY 2022-23 TAX ROLL
City Council conducted a public hearing to receive comments regarding the placement of sewer and refuse fees on the FY 2022-23 tax roll and considered a formal resolution to determine the amount of Sewer User, Sewer Standby, and City Refuse Fees to be collected via the tax roll.
At the hour of 7:09 p.m., Mayor Herrick opened the Public Hearing; seeing no public comment, Mayor Herrick closed the Public Hearing at 7:09 p.m.
Following Council discussion, a motion was made by Councilmember Putz, seconded by Mayor Pro Tem Mote, to approve staff’s recommendation and adopt the following resolution entitled:
RESOLUTION NO. 2022-86
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
Said motion was approved by the following vote:
AYES: Putz, Mote, Melnick, Herrick
NOES: Lee
ABSTAIN: None
ABSENT: None
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 received a presentation from Caritas Corporation regarding their findings from the due diligence report and their approach to property management. The City Council considered a resolution accepting the due diligence efforts and proceeding with the ground lease of 19-acres of property from Bear Valley Mutual Water Company.
Following initial Council questions and discussions, Mayor Herrick invited up speakers who wanted to speak on this item. The following individual approached Council:
Andy Acosta, Big Bear Lake resident, indicated that the ground lease agreement is not fiscally responsible; suggested that residents of Leisure Bear Mobile Home Park be guaranteed that their rent will not be increased for at least 60-months.
A motion was made by Councilmember Putz, seconded by Mayor Pro Tem Mote, to approve staff’s recommendation.
A substitute motion was made by Councilmember Lee, seconded by Councilmember Melnick, to grant residents of the Leisure Bear Mobile Home Park a 5-year lease agreement with the current rental rate.
Meeting Minutes
July 18, 2022
A second substitute motion was made by Mayor Herrick, seconded by Councilmember Putz, to accept the findings of the due diligence report and continue with the lease of the 19-acre property and adopt the following resolution entitled:
RESOLUTION NO. 2022-87
RESOLUTION ACCEPTING THE DUE DILIGENCE EFFORTS
AND PROCEEDING WITH THE GROUND LEASE FOR
19-ACRES OF PROPERTY FROM THE BEAR VALLEY
MUTUAL WATER COMPANY
Said motion was approved by the following vote:
AYES: Mote, Putz, Melnick, Herrick
NOES: Lee
ABSTAIN: None
ABSENT: None
A motion was made by Councilmember Putz, seconded by Mayor Pro Tem Mote, to approve a property management agreement with Caritas Corporation.
Stephen Deitsch, City Attorney, alerted Council that the agreement with Caritas Corporation has not been finalized, therefore there further action by Council is not needed at this time.
Following the roll call vote and further discussion, Mayor Herrick invited up speakers who still wanted to speak on this item. The following individuals approached Council:
Omar Torres, Big Bear Lake resident, stated that he is a resident of the Leisure Bear Mobile Home Park and expressed his dissatisfaction with the lack of noticing for this meeting, along with his discomfort with the property management agreement, as he does not believe it provides a lot of certainty for the residents.
Jessica Guadarrana, Big Bear Lake resident, stated that she is also a resident of the Leisure Bear Mobile Home Park and asked that Council and staff refrain from associating the current aesthetics or appearance of the park with a poor quality of life because the residents’ quality of life is not represented by the parks’ environment.
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 discussed and considered a motion to appoint an individual Councilmember or two Councilmembers to draft and file the argument in favor of the ballot measure to be printed in the November 8, 2022 Election Voter Information Guide.
A motion was made by Mayor Herrick, seconded by Councilmember Melnick, to appoint a subcommittee comprised of Mayor Herrick and Councilmember Putz to draft an argument in favor of the ballot measure for submission by Monday, July 25.
Meeting Minutes
July 18, 2022
Said motion was approved by the following vote:
AYES: Melnick, Putz, Lee, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
At the hour of 8:36 p.m., Mayor Herrick recused himself due to a potential conflict of interest and asked Mayor Pro Tem Mote to act as presiding officer, then called for a short recess.
At the hour of 8:44. p.m., Mayor Pro Tem Mote reconvened the meeting and acted as presiding officer for the Item 3.3 related to the Council appointed Ad Hoc Committee.
3.3 UPDATE FROM COUNCIL APPOINTED AD HOC COMMITTEE FOR A
COMPROMISE VACATION RENTAL ORDINANCE
Councilmember Melnick and Councilmember Putz provided an update regarding the Ad Hoc Committee’s progress and efforts to date. Council then discussed and provided input regarding the draft Vacation Rental Ordinance, the Committee’s Work Plan and other related items.
Following initial questions from Council, Mayor Pro Tem Mote invited up speakers who wanted to speak on this item and the following individuals approached Council:
Louis Martinez, Big Bear resident, expressed his concerns with the citizens initiative and indicated that it has become more of an “us against them” mentality; doesn’t believe that the City has done enough to disseminate the findings from the Economic Impact Study that was completed by Tourism Economics.
Mike Brinegar, Big Bear Lake resident, believes that the wrong approach has been taken in regards to the initiative and placing the matter on the ballot because the Council needs to be able to react and change policies when needed; said the voters need to be better educated on the impacts of limiting the number of vacation rental homes and vacation rental contracts.
Joe Kovich, Big Bear Lake resident, said he feels like a long-term decision is being made in response to a short-term situation; believes that if the initiative passes, property values will decrease immensely; would like to add a clause to the compromise that would allow property owners to have the option of also getting a class A license.
Matt Scriven, Big Bear Lake resident, stated he does not agree with the compromise proposal; believes that visitation is down to 2018-2019 numbers, so there is no need to take action on further limiting visitation and tourism.
Theodore Trentman, Big Bear Lake resident, thanked Council for drafting the compromise proposal, but stated that he does not agree with it; suggested that a lot of full-time residents are not aware of the Citizen’s Initiative.
Robert Parks, Big Bear Lake resident, believes the proposed compromise is brilliant and creative; considers the existing Vacation Rental Ordinance to be working because complaints are minimal.
Meeting Minutes
July 18, 2022
Council further discussed the proposed compromise ordinance. Ultimately, the Ad Hoc Committee comprised of Councilmember Melnick and Councilmember Putz decided not to recommend the proposed compromise ordinance for formal Council consideration.
No formal action was taken.
At the hour of 9:30 p.m., Mayor Herrick returned to the meeting and acted as presiding officer for the remainder of the meeting.
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 RECEPTACLES ALONG THE
CORRIDOR IMPROVEMENTS AREA
City Council received a report on the progress and status of the Moonridge Corridor Improvements Project by Sean Sullivan, Director of Public Services. City Council also considered two resolutions; 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 and 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.
Following Council discussion, a motion was made by Councilmember Putz, seconded by Councilmember Melnick, to approve staff’s recommendation and adopt the following resolution entitled:
RESOLUTION NO. 2022-88
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
Said motion was approved by the following vote:
AYES: Lee, Putz, Mote, Melnick, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
A motion was made by Mayor Pro Tem Mote, seconded by Councilmember Melnick, to approve staff’s recommendation and adopt the following resolution entitled:
RESOLUTION NO. 2022-89
RESOLUTION AUTHORIZING A CHANGE ORDER WITH GRANITE
CONSTRUCTION CO. FOR THE PLACEMENT OF ELECTRICAL
RECEPTACLES AS A PART OF THE MOONRIDGE CORRIDOR
IMPROVEMENTS PROJECT
Meeting Minutes
July 18, 2022
Said motion was approved by the following vote:
AYES: Melnick, Putz, Lee, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
Following discussion and the roll-call vote, Mayor Herrick invited up speakers who wanted to speak on this item. The following individual approached Council:
Matt Scriven, Big Bear Lake resident, questioned if there has been discussions regarding the additional traffic on the detour routes due to the Moonridge Road closures and inquired as to whether or not the any damage due to the increased traffic will be corrected.
4. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
4.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
Erica Stephenson, City Clerk, announced the City Council Nomination Period dates for Districts 1, 2, 3 & 4; indicated that the new and old District Maps can be found on the City’s website; urged anyone interested in running for Council to contact the City Clerk’s Office.
4.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Putz reported on two League of California Cities events including the Environmental Quality Policy Committee Meeting and the League of California Cities Desert Mountain Division Meeting in Mammoth Lakes.
Councilmember Mote reported on the League of California Cities Transportation, Communication and Public Works Committee Meeting, the recent Mountain Transit Board Meeting, and the latest Economic Development Advisory Meeting.
Mayor Herrick reported on recent San Bernardino County Transportation Authority initiatives and projects; and recognized Big Bear Area Regional Wastewater Agency’s General Manager, David Lawrence, for being recognized by the Institute for Local Government.
ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting at 9:59 p.m. in memory of local resident Eric Smith. ____________________________
Erica Stephenson, City Clerk