Regular Meeting Minutes – August 1, 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 5:00 p.m., Monday, August 1, 2022, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
PUBLIC FORUM FOR CLOSED SESSION: None.
At the hour of 5:00 p.m., Council adjourned to Closed Session.
At the hour of 6:07 p.m., Mayor Herrick called Open Session to order.
OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Melnick
Invocation: Invocation was led by Jay Walden from Bear Valley Church.
Councilmembers Present: Mayor Rick Herrick
Mayor Pro Tem Bynette Mote
Councilmember Alan Lee
Councilmember Perri Melnick
Councilmember Randall Putz
Others Present: Jeff Mathieu, Interim City Manager
Erica Stephenson, City Clerk
Stephen P. Deitsch, City Attorney
RESULTS OF CLOSED SESSION
1. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957 Title of Position to be filled: City Manager
No reportable action.
2. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6
Agency Designated Representative: City Attorney Stephen Deitsch Unrepresented Employee: City Manager
No reportable action.
3. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6 Name of Negotiators: Interim City Manager Jeff Mathieu and City Clerk/Director of Human Resources Erica Stephenson
Name of Organization: Teamsters Local 1932
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No reportable action.
PUBLIC COMMUNICATIONS
Pat Enyart, Big Bear City resident, posed questions to the audience relative to the Citizen-led initiative and expressed her concerns with the proposed ordinance regarding short term rentals.
Theodore Trentman, Big Bear Lake resident, questioned what steps the City has taken to verify Councilmember Lee’s residency; stated that if the City Council passes the proposed ordinance brought forth for discussion, then he will sue the City; discussed an affordable housing project that he indicated was voted down a number of years ago, by the same people that are proponents of the Citizen-led initiative.
Patrice Duncan, Big Bear City resident, expressed her concerns regarding a variety of issues related to Councilmember Lee and his family; questioned Councilmember Lee as to why he didn’t attend a recent Chamber of Commerce event.
Patty Hafen, Big Bear Lake resident, corrected misinformation about her business and personal affairs, that she reported was inaccurately referenced in Councilmember Lee’s recent newsletter.
At the hour of 6:35 p.m., Mayor Herrick called a short recess.
At the hour of 6:29 p.m., Mayor Herrick reconvened the meeting.
1. CONSENT CALENDAR
1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 06/24/2022 THROUGH 07/20/2022 IN THE AMOUNT OF $281,972.73 AND THE JUNE 2022 TREASURER’S REPORT Approved.
1.2 APPROVAL OF MEETING MINUTES FROM THE MAY 16, 2022, REGULAR MEETING
OF CITY COUNCIL
Approved.
1.3 RESOLUTION AUTHORIZING EXTENSION OF THE AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 18580, THE PINES SUBDIVISION City Council considered a formal resolution authorizing the extension of the Agreement for Completion of Public Improvements through August 31, 2023, related to the offsite improvements for Tract Map 18580, The Pines Subdivision. The Pines Subdivision is located near the intersection of Mill Creek Road and Talmadge Road. The existing agreement expired as of July 13, 2022, and the developer has indicated that the remaining public improvements will be completed in a matter of months. The developer has recently received the needed permits from Caltrans to complete the necessary improvements, required by this project, at the intersection of Big Bear Boulevard and Mill Creek Road.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-90
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RESOLUTION AUTHORIZING EXTENSION OF THE AGREEMENT
TO COMPLETE PUBLIC IMPROVEMENTS FOR TRACT MAP 18580
KNOWN AS THE PINES SUBDIVISION
A motion was made by Mayor Pro Tem Mote, seconded by Councilmember Melnick to approve the Consent Calendar, and making a correction to a date referenced in the resolution for Item 1.3.
Said motion was approved by the following vote:
AYES: Melnick, Putz, Mote, Herrick
NOES: None
ABSTAIN: Lee
ABSENT: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
2. PUBLIC HEARINGS
2.1 ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 2022-100 INCLUDING CHANGES TO CHAPTERS 17.02 (DEFINITIONS), 17.03 (GENERAL PROCEDURES), 17.25 (RESIDENTIAL ZONES), AND 17.35 (COMMERCIAL AND PUBLIC
ZONES) TO IMPLEMENT PROCESS IMPROVEMENTS, CLARIFY DEVELOPMENT
STANDARDS, AND ALIGN THE MUNICIPAL CODE WITH STATE LAW
City Council conducted a Public Hearing, read the title, waived further reading, and introduced an ordinance to amend certain sections of the City’s Development Code (Title 17 of the Municipal Code).
Sue O’Strander, Director of Community Development, discussed how this proposed ordinance would streamline processing of home occupation permits, temporary use permits, and appeals. Sue further explained that the suggested ordinance also included clarifications related to family day care use and standards, in addition to, amendments to update multi-family residential objective design standards, and correct other minor residential and commercial development standards.
At the hour of 6:49 p.m., Mayor Herrick opened the Public Hearing; seeing no public speakers, Mayor Herrick closed the Public Hearing at 6:49 p.m.
Following Council’s initial questions and comments, a motion was made by Mayor Pro Tem Mote, seconded by Councilmember Putz, to approve staff’s recommendation to read the title, waive further reading and introduce an ordinance entitled:
ORDINANCE NO. 2022-xxx
ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 2022-100 INCLUDING CHANGES TO CHAPTERS 17.02 (DEFINITIONS), 17.03 (GENERAL PROCEDURES), 17.25 (RESIDENTIAL ZONES), AND 17.35 (COMMERCIAL AND PUBLIC ZONES) TO IMPLEMENT PROCESS
IMPROVEMENTS, CLARIFY DEVELOPMENT STANDARDS, AND ALIGN
THE MUNICIPAL CODE WITH STATE LAW
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Said motion was approved by the following vote:
AYES: Lee, Putz, Melnick, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
2.2 CONTINUED PUBLIC HEARING FROM THE JULY 18, 2022, CITY COUNCIL MEETING
AND RESOLUTION APPROVING A SOLID WASTE FRANCHISE AGREEMENT WITH BIG BEAR DISPOSAL, INC. AND ADOPTING THE SOLID WASTE RATES City Council accepted public testimony and considered a Resolution Approving a Solid Waste Franchise Agreement with Big Bear Disposal, Inc. and Adopting the Solid Waste Rates.
Sean Sullivan, Director of Public Services, gave an overview of the framework of the proposed Big Bear Disposal Solid Waste Franchise Agreement that would remain in effect until June 30, 2034, and reviewed the Prop 218 procedure required to implement new rates for solid waste services.
Following initial Council questions, Mayor Herrick opened the Public Hearing at the hour of 7:07 p.m., and the following person approached Council to speak on the item:
Manny Arciniega, Big Bear Lake resident, questioned the service rate increase and asked if new wheeled trash cans will be distributed.
Seeing no other speakers, Mayor Herrick closed the Public Hearing at 7:10 p.m.
Staff tabulated all written protests to determine if a majority protest exists against the proposed solid waste rates; Erica Stephenson, City Clerk, confirmed that a majority protest did not exist.
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. 2022-91
RESOLUTION APPROVING A SOLID WASTE FRANCHISE
AGREEMENT WITH BIG BEAR DISPOSAL, INC. AND
ADOPTING SOLID WASTE SERVICE RATES
Said motion was approved by the following vote, with Councilmember Lee stating his “no” vote was due to limitations regarding his ability to engage in discussion on this item:
AYES: Melnick, Mote, Putz, Herrick
NOES: Lee
ABSTAIN: None
ABSENT: None
3. DISCUSSION/ACTION ITEMS
3.1 ORDINANCE AMENDING CHAPTER 8.64 OF THE BIG BEAR LAKE MUNICIPAL CODE
RELATING TO SOLID WASTE MANAGEMENT, COLLECTION OF SOLID WASTE AND
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RECYCLABLE MATERIALS, AND EDIBLE FOOD RECOVERY, AMENDING CHAPTER
17.11 RELATING TO WATER CONSERVATION, AND REPEALING CHAPTER 8.68 OF
THE BIG BEAR LAKE MUNICIPAL CODE RELATING TO GARBAGE
City Council considered reading the title, waiving further reading, and introducing an ordinance entitled Ordinance Amending Chapter 8.64 of the Big Bear Lake Municipal Code Relating to Solid Waste Management, Collection Of Solid Waste And Recyclable Materials, And Edible Food Recovery, Amending Chapter 17.11 Relating To Water Conservation, And Repealing Chapter 8.68 Of The Big Bear Lake Municipal Code Relating To Garbage.
Sean Sullivan, Director of Public Services, presented the item and stated that Senate Bill 1383, which was recently enacted legislation related to Short-Lived Climate Pollutants, requires all local agencies to adopt updated solid waste ordinances to capture the requirements of SB 1383, primarily related to the establishment of edible food recovery programs and the City’s enforcement of the SB 1383 regulations. Sean also indicated that the ordinance, as prepared, establishes the framework for edible food recovery programs, which are required of certain commercial generators of edible food, primarily supermarkets, hotel dining operations, and large restaurants. Additionally, the ordinance establishes the City’s authority to implement and enforce the provisions of SB 1383.
Following Council’s initial questions and comments, a motion was made by Councilmember Putz, seconded by Councilmember Melnick, to approve staff’s recommendation to read the title, waive further reading and introduce an ordinance entitled:
ORDINANCE NO. 2022-xxx
ORDINANCE AMENDING CHAPTER 8.64 OF THE BIG BEAR LAKE
MUNICIPAL CODE RELATING TO SOLID WASTE MANAGEMENT,
COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS,
AND EDIBLE FOOD RECOVERY, AMENDING CHAPTER 17.11
RELATING TO WATER CONSERVATION, AND REPEALING
CHAPTER 8.68 OF THE BIG BEAR LAKE MUNICIPAL CODE
RELATING TO GARBAGE
Said motion was approved by the following vote:
AYES: Mote, Putz, Melnick, Lee, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
At the hour of 7:28 p.m., Mayor Herrick recused himself from the next item 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 7:34 p.m., Mayor Pro Tem Mote reconvened the meeting and acted as presiding officer for the next item related to the Council appointed Ad Hoc Committee.
3.2 ORDINANCE AMENDING CHAPTER 4.01 OF TITLE 4 OF THE BIG BEAR LAKE
MUNICIPAL CODE RELATING TO VACATION RENTAL LICENSES, RENTAL
CONTRACTS AND OTHER LIMITATIONS AND REGULATIONS ON VACATION
RENTALS
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City Council received an update from the Council appointed Ad Hoc Committee, comprised of Councilmember Putz and Councilmember Melnick, that was formed to draft a compromised amendment to the City’s Vacation Rental Ordinance.
Following initial Council questions and comments, Mayor Pro Tem Mote invited speakers that wished to speak on the item; the following individuals approached Council:
Manny Arciniega, Big Bear Lake resident, urged the Council to allow democracy to play out and let the voters decide what is best for the community related to vacation rentals; indicated that a compromise ordinance or even the initiative will not open up full time housing for community members; urged Council to vote “no” on the compromise ordinance.
Jasmine Gustaveson, Big Bear Lake second homeowner, said she is worried about the negative financial impact that the proposed ordinance, if passed, would have on her family.
Seth Calley, Big Bear Lake resident, believes that the ramifications brought on by the COVID-19 pandemic have subsided; urged Council to vote “no” on the compromise ordinance.
Dorothy Ketchem, Big Bear Lake resident, believes that limiting/eliminating vacation rentals would directly impact the local workforce’s income and subsequently the amount of money they spend in the community; stated that this initiative and proposed ordinance seems like political showmanship.
Jamiee Estrada, Big Bear Lake resident, asked Council to allow the local economy to thrive while it can; stated that her current job as a housekeeper has enabled her to achieve and maintain financial stability and asked Council to consider those that will be financially impacted by the proposed ordinance should they vote “yes” on the proposed compromise ordinance.
Sarah Koester-Martinez, Big Bear Lake resident, stated that her current job as a housekeeper has enabled her and her husband to achieve and maintain financial stability and limiting the amount of rental contracts per month would severely impact her family’s quality of life; implored Council to not jeopardize or change the opportunities that allow her and her family to maintain a good quality of life.
Mary Retchko, Big Bear Lake resident, stated that she is against the initiative and said that if the amount of work she has decreases, or if she loses her job as a housekeeper altogether, then she will ultimately lose her independence and self-worth; said Big Bear has always been a tourist town and it should stay that way.
Teresa Aguisanda, Big Bear City resident, stated that if this proposed compromise ordinance passes then it will create a domino effect and will negatively impact the entire community.
Miguel Gonzalez, Big Bear Lake resident, said his property management business has seen a decline in bookings and as such, he has lost two cleaning teams due to lack of work; insisted that all businesses, not just the vacation rental business, will be negatively affected by this proposed compromise ordinance and/or the Citizen-led initiative if passed.
Ulysses Garcia, Big Bear City resident, said the work that he is getting related to Airbnb and the Vacation Rental Industry is helping him maintain financial stability; does not want to see peoples’ opportunity to enjoy Big Bear be limited.
At the hour of 8:26 p.m., Mayor Pro Tem Mote called a short recess.
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At the hour of 8:31 p.m., Mayor Pro Tem Mote reconvened the meeting and the public comment period continued.
Jim Eakin, Big Bear Lake resident, yielded his speaking time because the speakers before him touched base on everything he had planned to say.
Jerzy Tomasik, Big Bear Lake resident, believes the proposed compromise ordinance will lead to the destruction of the City and thinks the proponents of the Citizen-led initiative are not in favor of regulating the vacation rental industry but instead are out to destroy it; said it would be irresponsible of Council to pass the proposed compromise ordinance.
Robert Parks, San Diego Resident, believes the proposed compromise ordinances addresses the three issues brought forth by the proponents of the Citizen-led initiative and is indeed a compromise; encouraged Council to not give-up.
Janet Stevens-Moore, Big Bear Lake resident, asked Council to take a pause and consider the current and future state of the economy before taking any action.
Sarah Gonzalez, Big Bear Lake resident, believes that the current vacation rental ordinance is doing what it was intended to do; believes the real estate market will correct itself; implored Council to vote “no” on the proposed compromise ordinance.
Gladys Ashing, Big Bear City resident, read aloud an email that she received from one of her clients regarding the proposed compromise ordinance.
Alyssa Colvin, Big Bear Lake resident, said that limiting the vacation rental industry may cause her to lose her second home in Big Bear; is not only worried about her family’s financial position, but also the people she employs to manage her vacation rental.
Fernando De Leon, Big Bear Lake resident, believes the City should place more focus on the Good Neighbor Policy and enforcing the rules that are already in place.
Pat Enyart, Big Bear resident, suggested that Council approve the proposed compromise ordinance, but modify the ordinance to allow back-to-back rentals.
Kirk Seigel, Big Bear Lake resident, suggested that the community can be made better by investing Transient Occupancy Tax revenues into the community and full-time residents.
Following further Council discussion, a motion was made by Councilmember Putz, seconded by Councilmember Melnick, to direct the Interim City Manager to schedule a Special City Council Workshop Meeting as soon as is reasonable in order to continue the discussion of a potential compromise ordinance.
Said motion was approved by the following vote:
AYES: Lee, Putz, Melnick, Mote
NOES: None
ABSTAIN: Herrick
ABSENT: None
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At the hour of 9:15 p.m., Mayor Herrick returned and acted as Presiding Officer for the remainder of the meeting. Mayor Herrick proposed that modifications be made to the order of the remaining agenda items, with Item 3.3 being discussed last.
3.4 RESOLUTION APPROVING A CHANGE ORDER WITH GRANITE CONSTRUCTION CO.
FOR ADDITIONAL WORK RELATED TO THE MOONRIDGE CORRIDOR
IMPROVEMENTS PROJECT
Council considered a formal resolution approving a change order not to exceed $390,000 in order to complete additional improvements within the Moonridge Corridor Improvements Project area that include paving of the intersection portions of Fir and Birch Street and reconstructing an open culvert into an underground pipeline that will improve drainage, allow for widening of the road and improve circulation and parking along Fir Street.
Sean Sullivan, Director of Public Services, presented the item and indicated that the proposed pricing is well within the available budget and the improvements can be completed with no impact to the overall schedule for the Moonridge Corridor Improvements Project.
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. 2022-92
RESOLUTION APPROVING A CHANGE ORDER WITH GRANITE
CONSTRUCTION CO. FOR ADDITIONAL WORK RELATED TO
THE MOONRIDGE CORRIDOR IMPROVEMENTS PROJECT
Said motion was approved by the following vote:
AYES: Mote, Putz, Melnick, Lee, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
3.5 RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO SCHOCK
CONTRACTING CORPORATION, SANTA BARBARA, CA, FOR THE CONSTRCUTION
OF THE STANFIELD MARSH BOARDWALKS IMPROVEMENTS PROJECT
City Council considered a formal resolution authorizing the award of a construction contract in the amount of $853,150 to Schock Contracting Corporation, Santa Barbara, CA, for the construction of the Stanfield Marsh Boardwalks Improvements Project.
Sean Sullivan, Director of Public Services, presented the item and discussed the history of the transfer of the assets from the Municipal Water District to the City and the funding available for this project; work is anticipated to be completed Fall 2022.
Following Council’s initial questions and comments, 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. 2022-93
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RESOLUTION AUTHORIZING A CONSTRUCTION CONTRACT
TO SCHOCK CONTRACTING CORPORATION FOR THE
CONSTRUCTION OF THE STANFIELD MARSH BOARDWALKS
IMPROVEMENTS PROJECT
Said motion was approved by the following vote:
AYES: Putz, Lee, Mote, Melnick, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
3.6 RESOLUTION APPROVING A TASK ORDER WITH GIBSON TRANSPORTATION
CONSULTING, INC FOR REVIEW AND ANALYSIS OF THE WINTER TRAFFIC
MANAGEMENT PLAN
City Council considered a formal resolution approving a task order with Gibson Transportation Consulting, Inc. for review and analysis of the winter season traffic management plan (TMP).
Sean Sullivan, Director of Public Services, presented the item and provided an overview of the TMP since it was originally implemented during the 2017-18 winter season, in an effort to mitigate traffic impacts that had occurred in previous years. Sean indicated that the TMP is implemented through coordination between Big Bear Mountain Resorts, the Sheriff’s Department and City staff each year.
Sean further explained that the TMP is in need of professional analysis and review this year, due to several recent changes related to the Moonridge Corridor Improvements Project, Mountain Transit’s shuttle service and land acquisitions made by the resorts.
Following Council’s questions and comments, 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. 2022-94
RESOLUTION APPROVING A TASK ORDER WITH GIBSON
TRANSPORTATION CONSULTING, INC. FOR REVIEW AND
ANALYSIS OF THE WINTER TRAFFIC MANAGEMENT PLAN
Said motion was approved by the following vote:
AYES: Putz, Melnick, Lee, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
3.3 CONSIDERATION OF ECONOMIC DEVELOPMENT ADVISORY COMMITTEE WORK
PROGRAM
City Council discussed the work program prepared by the Economic Development Advisory Committee (EDAC), provided feedback and listed their priorities out of the identified EDAC focus areas which include: making Big Bear A Family-Friendly Community, the installation of welcoming
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City gateways, relinquishment of Caltrans’ Highway 18, the beautification of Big Bear Boulevard, and finding a business to fill the K-Mart shopping plaza.
No formal action was taken; report was received and filed.
4. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
4.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
The meeting was adjourned prior to this portion of the agenda, therefore, there were not any City Clerk.
City Attorney, and/or City Manager comments.
4.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
The meeting was adjourned prior to this portion of the agenda, therefore, there were not any Councilmember Board/Committee Reports & Comments.
ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting at 10:00 p.m. to an Adjourned Regular Meeting to be held on Thursday, August 11, 2022 at 6 p.m. ___________________________
Erica Stephenson, City Clerk