Regular Meeting Minutes – August 15, 2022
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A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 6:00 p.m., Monday, August 15, 2022, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
OPEN SESSION
Flag Salute: Flag Salute led by Mayor Pro Tem Mote
Invocation: Invocation was led by Reverend ETC Russell
Councilmembers Present: Mayor Rick Herrick
Mayor Pro Tem Bynette Mote
Councilmember Alan Lee
Councilmember Perri Melnick
Councilmember Randall Putz
Others Present: Jeff Mathieu, Interim City Manager
Erica Stephenson, City Clerk
Stephen P. Deitsch, City Attorney
PRESENTATIONS
• Presentation of a 5-year Employee Service Award to Alejandro Negrete, Facilities/Parks Maintenance Worker for the Public Services Department.
• Ellen Clarke, Executive Director of the Big Bear Chamber of Commerce will be presenting the Chamber’s 2021-2022 Annual Report.
PUBLIC COMMUNICATIONS
Dawn Hartmeister, Rotary Club of Big Bear Lake President, explained the functions of the Rotary Club, the club’s core values and core focuses; discussed all of the many charitable services the club provides for the community.
Jim Smith, Big Bear Lake resident, indicated that he is concerned with the lack of progress with filling the vacant K-Mart building; recommended that the City reach out to smaller retail stores in hopes to attract one of these businesses to open in Big Bear Lake, in an effort to better serve the needs of Big Bear valley residents.
Kim Brunet, Big Bear Lake resident, indicated that she is the founder of “Skate-by-the-Lake”, an outdoor ice rink and roller-rink established for the local community and tourists’ recreation and enjoyment; said she would like to initiate partnerships with public agencies to ensure this business’s success.
Gloria Meade, Big Bear City resident, expressed her dissatisfaction regarding the negative nature of the comments that were directed to Mayor Herrick from another Councilmember at the August 1 City Council meeting.
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August 15, 2022
Patrice Duncan, Sugarloaf resident, asked for Council to take disciplinary action against Councilmember Lee due to several unexcused meeting absences; expressed her personal concerns with Councilmember Lee’s activities within the community during the past few weeks.
Kirk Seigel, Big Bear Lake resident, urged the Council and audience to vote “no” on the Citizen-Led Initiative (Measure O); suggested that the City utilize Transient Occupancy Tax (TOT) revenues to fund youth programs.
Jim Eakin, Big Bear Lake resident, thanked the participants and the volunteers of the “Fun Run” car show; and thanked the City staff for their support of the event; announced his candidacy for City Council District 1.
Theodore Trentman, Big Bear Lake resident, acknowledged the local animal shelter staff for their hard work; said he would like to see the Council investigate and initiate a censure of Councilmember Lee; indicated that he is working on a vacation rental suggestion for Council, involving a 14-month pause of the issuance of new vacation rental licenses.
Johnny Wells, Big Bear Lake resident, asked if the City will be coordinating with the east valley when implementing the new solid waste ordinance that will be put into effect in response to SB 1383.
Joyce Barker, Big Bear Lake resident, expressed her concerns with the Citizen-Led initiative and questioned how the initiative would positively impact long-term renters, if passed.
Patty Hafen, Big Bear Lake resident, expressed resident concerns related to Councilmember Lee’s canvassing neighborhoods for voter signatures; cleared up misinformation that she reported was inaccurately written about her personally and her business activities, in a recent publication of Councilmember Lee’s newsletter.
Alan Lee, Big Bear Lake Councilmember, took the opportunity to acknowledge and thank the many good people of the community who support him; addressed Council about recent acts of vandalism against his property and indicated there is a $10,000 reward to help capture the perpetrators; he reported that several recent comments about his signature gathering activities are untrue; provided his opinions related to the recent City Manager recruitment and hiring process; thanked Jeff Mathieu for his recent service as the Interim City Manager.
Ellen Clarke, Big Bear Chamber of Commerce Executive Director, expressed the Big Bear Chamber of Commerce’s opinion that the Citizen’s Initiative would be detrimental to the local economy and residents; acknowledged the City’s recent enforcement efforts regarding vacation rental properties and believes that the shift in enforcement has proven to be effective; expressed the Chamber’s concerns regarding the results of the Economic Impact Study; stated that the Chamber strongly opposes the Citizen’s Initiative and urged the community to vote “no”.
Fred Hand, Big Bear City resident, requested that the City Council introduce an ordinance addressing the abatement of an infectious weed, Feathertop Rhodes.
1. CONSENT CALENDAR
1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 07/21/2022 THROUGH 08/05/2022 IN THE AMOUNT OF $1,588,934.69
1.2 APPROVAL OF MEETING MINUTES FROM THE JUNE 6, 2022 REGULAR MEETING OF
CITY COUNCIL
1.3 RESOLUTION ADOPTING UPDATES TO THE CITY’S FY 2022-23 SALARY SCHEDULE
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August 15, 2022
City Council considered a formal resolution adopting updates to the City’s FY 2022-23 Salary Schedule. Per City Council adopted Resolution No. 2022-60, all of the City’s represented job classifications were increased by an 8% cost-of-living adjustment (COLA) effective July 1, 2022. City Council considered a formal resolution that will provide a FY 2022-23 salary increase to the unrepresented job classifications included in the City’s Salary Schedule.
Approved and adopted a resolution entitled:
RESOLUTION NO. 2022-95
RESOLUTION ADOPTING UPDATES TO THE
CITY’S FY 2022-23 SALARY SCHEDULE
1.4 RESOLUTION DESIGNATING A VOTING DELEGATE FOR THE 2022 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
City Council considered a formal resolution designating Councilmember Putz as the City’s voting delegate for policy matters considered by the League of California Cities. The resolution also designates Mayor Herrick as the alternate voting delegate. The annual conference will be held September 7 – 9, 2022 in Long Beach, CA.
Approved and adopted a resolution entitled:
RESOLUTION NO. 2022-96
RESOLUTION DESIGNATING A VOTING DELEGATE FOR THE
2022 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
1.5 RESOLUTION APPROVING THE CARRYOVER OF APPROPRIATIONS FROM FISCAL YEAR 2021-22 TO FISCAL YEAR 2022-23
City Council considered a formal resolution approving the carryover of appropriations from Fiscal Year 2021-22 to Fiscal Year 2022-23. The total amount to be appropriated is $10,469,237 and represents appropriations approved in Fiscal Year 2021-22 for projects/services not completed or goods not received prior to June 30, 2022.
Approved and adopted a resolution entitled:
RESOLUTION NO. 2022-97
RESOLUTION APPROVING THE CARRYOVER OF
APPROPRIATIONS FROM FISCAL YEAR 2021-22
TO FISCAL YEAR 2022-23
1.6 ORDINANCE APPROVING DEVELOPMENT CODE AMEMENDMENT 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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City Council considered adopting an ordinance to amend certain sections of the City’s Development Code (Title 17 of the Municipal Code). The proposed ordinance would streamline processing of home occupation permits, temporary use permits, and appeals. Clarifications pertaining to family day care use and standards will align the City’s regulations with that of the State. In addition, amendments will also update multi-family residential objective design standards, and correct other minor residential and commercial development standards. The Planning Commission considered this request at a public hearing on July 6, 2022. City Council introduced the ordinance, read the title and waived further reading at the August 1, 2022 regular meeting.
Approved and adopted an ordinance entitled:
ORDINANCE NO. 2022-503
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
1.7 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
City Council considered adopting an ordinance amending the City’s Municipal Code pertaining to Solid Waste Management, Collection of Solid Waste and Recyclable Materials, and Edible Food Recovery as required by Senate Bill 1383. SB 1383, which is 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. 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. City Council introduced the ordinance, read the title and waived further reading at the August 1, 2022 regular meeting.
Approved and adopted an ordinance entitled:
ORDINANCE NO. 2022-504
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
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1.8 RESOLUTION AUTHORIZING THE PURCHASE OF ONE MULTIHOG CX75
MULTIPURPOSE VEHICLE AND NECESSARY EQUIPMENT FROM MUNICIPAL MAINTENANCE EQUIPMENT, INC.
City Council considered a formal resolution authorizing the purchase of one Multihog CX75 multipurpose vehicle and necessary equipment from Municipal Maintenance Equipment, Inc. in an amount not to exceed $150,000. The Multihog CX75 is a multipurpose vehicle that will be utilized, primarily, for the removal of snow within the Village and the recently completed Moonridge Corridor as well as other maintenance activities. The small size and variety of available equipment provide the capability to provide several resources in these areas. The proposed purchase includes the tractor, a snow blade, a snow blower, and a sweeper attachment. In addition to the winter snow activities, the sweeper will be used to support sidewalk cleaning in the spring and summer seasons. This purchase is available to the City as a member of the Sourcewell Purchasing Collective and the necessary funding is available in the approved Fiscal Year 2022-23 Capital Improvement Program Budget.
Approved and adopted a resolution entitled:
RESOLUTION NO. 2022-98
RESOLUTION AUTHORIZING THE PURCHASE OF ONE
MULTIHOG CX75 MULTIPURPOSE VEHICLE AND
NECESSARY EQUIPMENT FROM MUNICIPAL
MAINTENANCE EQUIPMENT, INC.
1.9 RESOLUTION AUTHORIZING A BID SOLICITATION FOR THE CITYWIDE LINE
STRIPING PROJECT
City Council considered a formal resolution authorizing a bid solicitation for the Citywide Line Striping Project. The proposed project will restripe roadway markings throughout the City to ensure proper functionality and enhance roadway safety. This effort has, historically, been conducted in the spring as a refresh after the winter season, however, staff has identified sufficient funding in the budget to perform this effort twice per year, in advance of and after the winter season. This fall project will focus on longlines throughout the City. Staff anticipates an award of contract for this effort on September 18 and completion of the activity in October. A subsequent effort will be undertaken in the Spring to ensure the continuous condition and appearance of the roadway markings within the City.
Funding is available for this effort in the approved Fiscal Year 2022-23 Capital Improvement Program budget.
Approved and adopted a resolution entitled:
RESOLUTION NO. 2022-99
RESOLUTION AUTHORIZING A BID SOLICITATION FOR THE
CITYWIDE LINE STRIPING PROJECT
1.10 RESOLUTION AUTHORIZING PURCHASE ORDERS WITH SKI LIFT DESIGNS AND
SOUTHWEST BOULDER AND STONE FOR FURNISHINGS RELATED TO THE
MOONRIDGE CORRIDOR IMPROVEMENTS PROJECT
City Council considered a formal resolution authorizing purchase orders with Ski Lift Designs and Southwest Boulder and Stone for furnishings related to the Moonridge Corridor Improvements Project.
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The Moonridge Corridor Improvements Project is under construction and is a transformational project improving the portion of Moonridge Road from Elm Street to Clubview Drive. Among the improvements associated with the project is the installation of furnishings and amenities along the completed corridor. The design and selection of the benches for this project has been completed and the necessary purchase orders are presented for the City Council’s consideration. The arrival of these furnishings will coincide with the anticipated completion of this project in October.
Approved and adopted a resolution entitled:
RESOLUTION NO. 2022-100
RESOLUTION AUTHORIZING PURCHASE ORDERS WITH SKI LIFT
DESIGNS AND SOUTHWEST BOULDER & STONE FOR FURNISHINGS
RELATED TO THE MOONRIDGE CORRIDOR IMPROVEMENTS PROJECT
A motion was made by Mayor Pro Tem Mote, seconded by Councilmember Melnick, to approve the consent calendar.
Said motion was approved by the following vote:
AYES: Melnick, Putz, Lee, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
2. PUBLIC HEARING
2.1 RESOLUTION APPROVING GENERAL PLAN AMENDMENT 2021-38 AND ORDINANCE APPROVING ZONE CHANGE 2021-38 PERTAINING TO 40347 YORK LANE, CHANGING
THE LAND USE DESIGNATION FROM COMMERCIAL VISITOR (CV) TO SINGLE FAMILY RESIDENTIAL (SFR-4) AND A CORRESPONDING CHANGE TO THE ZONING, FROM COMMERCIAL VISITOR (C-3) TO SINGLE FAMILY RESIDENTIAL (R-1-7200) City Council conducted a public hearing on a request by property owners, Teofil and Ioana Pasca, to change the General Plan land use map designation and zoning of property located at 40347 York Lane (APN 0308-082-08) from Commercial Visitor to Single Family Residential; City Council considered reading the title, waiving further reading, and introducing an ordinance for Zone Change 2021-039, and considered a formal resolution approving General Plan Amendment 2021-038.
Janice Etter, Senior Principal Planner, provided a brief presentation on this item and stated that a Negative Declaration was prepared in accordance with the California Environmental Quality Act, which concluded that this request will not have a significant effect on the environment. Janice further explained that the Planning Commission has already conducted a public hearing on this matter and took action to recommend that the City Council approve this property owners’ request.
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Following initial Council questions, at the hour of 7:07 p.m., Mayor Herrick opened the Public Hearing and the following individual approached Council:
Teofil Pasca, property owner of 40347 York Lane, stated that he does not have any plans for the lot yet, but may develop plans in the future if the property zoning request is approved.
Seeing no further speakers, Mayor Herrick closed the Public Hearing at the hour of 7:08 p.m.
A motion was made by Councilmember Putz, seconded by Councilmember Melnick, to approve staff’s recommendations of reading the title, waiving further reading and introducing an ordinance entitled:
ORDINANCE NO. 2022-xxx
ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
APPROVING ZONE CHANGE 2021-039 CHANGING THE ZONING
DESIGNATION OF 40347 YORK LANE (APN 0308-082-08) FROM
COMMERCIAL-VISITOR (C-3) TO SINGLE FAMILY RESIDENTIAL (R-1) and adopting a resolution entitled:
RESOLUTION NO. 2022-101
RESOLUTION ADOPTING A NEGATIVE DECLARATION AND
APPROVING GENERAL PLAN AMENDMENT 2021-038 CHANGING THE
GENERAL PLAN LAND USE DESIGNATION OF 40347 YORK LANE
(APN 0308-082-08) FROM COMMERCIAL-VISITOR (C-V) TO SINGLE FAMILY RESIDENTIAL (SFR-4)
Said motion was approved by the following vote:
AYES: Mote, Lee, Melnick, Putz, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
3. DISCUSSION/ACTION ITEMS
3.1 DISCUSSION AND POTENTIAL ACTION REGARDING A REQUEST FROM THE
AMERICAN LEGION FOR A CITY CONTRIBUTION TO THE AMERICAN PATRIOT
MUSIC PROJECT
City Council discussed and considered a contribution to the American Patriot Music Project to host workshops in Big Bear Valley for veterans and first responders to build guitars from scratch. One of the key objectives of this program is to help our nation’s heroes transition back to civilian life. Fund raising efforts have raised approximately $18,000 including a $7,500 donation from Supervisor Dawn Rowe.
Kelly Ent, Director of Administrative Services, briefly introduced the item and then invited Jim Lona, Commander of American Legion Post 584 and Tony Villegas, Executive Director of the American
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Patriot Music Project to provide a detailed presentation regarding their STEM Guitar/Veterans Guitar programs.
Following Council questions and discussion, a motion was made by Councilmember Lee to contribute $5,000 to the American Patriot Music Project and encourage other agencies in the Valley to do the same.
Councilmember Melnick indicated that she will be willing to second Councilmember Lee’s motion if it were modified to only include the $5,000 donation. Councilmember Lee Agreed.
A substitute motion was made by Councilmember Putz, seconded by Councilmember Lee, to contribute a $7,500 donation to the American Patriot Music Project.
Said motion was approved by the following vote:
AYES: Lee, Putz, Melnick, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
3.2 CONSIDERATION OF NOTICE OF INTENT FOR VACATION OF A PORTION OF
FRANCIS WAY RIGHT-OF-WAY AND SETTING A PUBLIC HEARING FOR SUCH
VACATION
City Council considered a resolution of intent to vacate a portion of Francis Way, and set a public hearing on the matter. Vacation of Right-of-Way 2021-140, submitted by Stone Family Trust, Richard and Mary Stone, represented by Andrew Goodwin Brown, proposes to abandon a 217 square foot portion of Francis Way so that a future merger of adjacent properties owned by the applicants can occur. The City Council also considered a resolution declaring the action exempt from the Surplus Land Act. On August 3, 2022, the Planning Commission of the City of Big Bear Lake conducted a public meeting and determined the request is consistent with the General Plan.
Janice Etter, Senior Principal Planner presented a brief overview of this item for Council’s consideration and requested that the City Council set the Public Hearing for this matter on September 19, 2022.
A motion was made by Councilmember Putz, seconded by Mayor Pro Tem Mote, to approve staff’s recommendations and adopt the following resolutions entitled:
RESOLUTION NO. 2022-102
RESOLUTION DECLARING INTENT TO VACATE A PORTION OF
FRANCIS WAY AND SETTING A DATE AND TIME FOR A PUBLIC
HEARING ON THE PROPOSED VACATION
RESOLUTION NO. 2022-103
RESOLUTION DECLARING THAT THE PROPERTY LOCATED
AT THE TERMINUS OF FRANCIS WAY IS EXEMPT FROM THE
SURPLUS LAND ACT AND TAKING RELATED ACTIONS TO
VACATE THIS RIGHT-OF-WAY
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Said motion was approved by the following vote:
AYES: Mote, Putz, Lee, Melnick, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
3.3 RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CARITAS ACQUISITIONS IV, LLC (“CARITAS”) FOR ASSET AND PROPERTY
MANAGEMENT OF THE LEISURE BEAR MOBILE HOME PARK
City Council considered a formal resolution authorizing a professional services agreement with Caritas Acquisitions IV, LLC (“Caritas”) for property and asset management services related to the Leisure Bear Mobile Home Park. Caritas is a nonprofit corporation with extensive experience owning and operating mobile home parks across California. Caritas provided support services related to the due diligence activities, developing a familiarity with the Leisure Bear Mobile Home Park. The proposed agreement is for the period ending December 31, 2022 and it is anticipated that a long term agreement will be established and considered during this period.
Sean Sullivan, Director of Public Services, presented this item and provided an overview of the City’s 99-year ground lease agreement with Bear Valley Mutual Water Company for 19 acres of property that includes the Leisure Bear Mobile Home Park. Sean provided further details and information related to Caritas and the professional support they have provided to the City throughout the due diligence review period.
Following Council questions and discussion, Mayor Herrick invited up speakers who wanted to speak on this item. The following individuals approached Council:
Omar Torres Cazares, Big Bear Lake resident, approached Council on behalf of the residents of Leisure Bear Mobile Home Park and expressed the collective concerns of the residents; suggested that rent be reflective of the residents’ income; urged that the residents have a say on the proposed improvements and read aloud a detailed account of the suggestions brought forth by the residents regarding future proposed improvements.
A motion was made by Councilmember Lee to authorize maintaining the current rental rates for the residents of Leisure Bear Mobile Home Park until July 31, 2024.
City Attorney Stephen Deitsch stated that Councilmember Lee’s motion cannot be considered because a rental agreement with the residents is not the matter that is agendized for this meeting.
A motion was made by Councilmember Putz, seconded by Councilmember Melnick, to approve staff’s recommendation and adopt the following resolution entitled:
RESOLUTION NO. 2022-104
RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH CARITAS ACQUISITIONS IV, LLC
(“CARITAS”) FOR ASSET AND PROPERTY MANAGEMENT OF
THE LEISURE BEAR MOBILE HOME PARK
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Said motion was approved by the following vote:
AYES: Lee, Mote, Putz, Melnick, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
4. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
4.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
Erica Stephenson, City Clerk, thanked Jeff Mathieu for returning to the City as Interim City Manager and wished him well in retirement.
Stephen Deitsch, City Attorney, said it has been a pleasure working with Jeff Mathieu and echoed Erica Stephenson’s sentiments.
Jeff Mathieu, Interim City Manager, thanked the Council, City staff and the public for their support and welcoming him back to the City.
4.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Putz reminded Council of the purpose of the Councilmember Board/Committee Reports & Comments section of the agenda and asked that all Councilmembers be respectful and abide by the Rules of Order.
Mayor Pro Tem Mote reported on the July 20 Mountain Transit Board Meeting, the July 27 Big Bear Area Regional Wastewater Agency Board Meeting, and the August 9 Economic Development Advisory Meeting; made an Agenda Item request motion, to review the Council Rules of Order at the next meeting, which was seconded by Mayor Herrick.
Councilmember Lee thanked Jeff Mathieu for serving as Interim City Manager.
Councilmember Melnick thanked Jeff Mathieu for stepping in to serve as Interim City Manager; welcomed incoming City Manager Erik Sund and also thanked Kelly Ent for serving as Acting City Manager until Erik Sund commences employment.
Mayor Herrick reported on the Fun Run car show, the Tour de Big Bear event, and recognized Jeff Mathieu for his dedication to the City of Big Bear Lake and thanked him for serving as Interim City Manager.
ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting at 8:22 p.m. in honor of Senator Bob Dutton.
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Erica Stephenson, City Clerk