Agenda packet — Big Bear Lake City Council, October 3, 2022

CITY COUNCIL

REGULAR MEETING AGENDA
OCTOBER 3, 2022
Meeting Time - 6:00 p.m.

Meeting Location - Hofert Hall, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 __________________________________________________________________________________________

COUNCILMEMBERS

MAYOR RICK HERRICK

MAYOR PRO TEM BYNETTE MOTE

COUNCILMEMBER ALAN LEE

COUNCILMEMBER PERRI MELNICK

COUNCILMEMBER RANDALL PUTZ

CITY STAFF

CITY MANAGER ERIK SUND

CITY ATTORNEY STEPHEN DEITSCH

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

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

OPEN SESSION

CALL TO ORDER

PLEDGE OF ALLEGIANCE

INVOCATION
Invocation will be led by Pastor Eric Hoerger from Believers Chapel.

ROLL CALL

PRESENTATIONS
• Presentation of a 5-year Employee Service Award to Laura Knotts, Administrative Analyst for the Administrative Services Department.

CITY COUNCIL AGENDA
October 3, 2022 - Page 2
• Presentation of a Proclamation Recognizing October as Community Planning Month. • Presentation of a Proclamation Recognizing October 9 through October 16 as Code Enforcement Officer Appreciation Week.

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 09/02/2022 THROUGH 09/22/2022 IN THE AMOUNT OF $2,130,741.56

1.2 APPROVAL OF MEETING MINUTES FROM THE JULY 28, 2022 SPECIAL MEETING OF

CITY COUNCIL

1.3 APPROVAL OF MEETING MINUTES FROM THE JULY 29, 2022 SPECIAL MEETING OF

CITY COUNCIL

1.4 APPROVAL OF MEETING MINUTES FROM THE AUGUST 1, 2022 REGULAR MEETING OF

CITY COUNCIL

1.5 APPROVAL OF MEETING MINUTES FROM THE AUGUST 11, 2022 SPECIAL MEETING OF

CITY COUNCIL

1.6 APPROVAL OF MEETING MINUTES FROM THE AUGUST 11, 2022 ADJOURNED REGULAR

MEETING OF CITY COUNCIL

1.7 APPROVAL OF MEETING MINUTES FROM THE AUGUST 15, 2022 REGULAR MEETING OF

CITY COUNCIL

1.8 ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 2022-046, AMENDING THE ZONING MAP TO ESTABLISH THE R-4 ZONE DISTRICT AND AMENDING CHAPTERS

17.02 (DEFINITIONS), 17.03 (GENERAL PROCEDURES), 17.25 (RESIDENTIAL ZONES), AND

17.35 (COMMERCIAL AND PUBLIC ZONES) OF THE CITY’S MUNICIPAL CODE (TITLE 17) City Council will consider adoption of an ordinance amending the zoning map to establish the R-4 zone district and amending chapters 17.02 (Definitions), 17.03 (General Procedures), 17.25 (Residential Zones), and 17.35 (Commercial and Public Zones) and finding these amendments exempt from the California Environmental Quality Act. City Council introduced the ordinance, conducted the first reading of the title and waived further reading at the September 19, 2022 regular meeting.

CITY COUNCIL AGENDA
October 3, 2022 - Page 3

1.9 RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR THE JAY BIRD LANE

SANITARY SEWER MAIN REPLACEMENT PROJECT
City Council will consider a formal resolution accepting the work of Romans Construction and authorizing a Notice of Completion for the Jay Bird Lane Sanitary Sewer Main Replacement Project. This project replaced approximately 180 linear feet of sanitary sewer main and the associated sewer lateral connections.

The total project cost was $92,818.

1.10 RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR THE SANITARY SEWER

MANHOLES TO GRADE PROJECT
City Council will consider a formal resolution accepting the work of Torres Sanitation Systems Construction and authorizing a Notice of Completion for the Sanitary Sewer Manholes to Grade Project. This project adjusted approximately 96 sanitary sewer manholes throughout the City back to grade that were previously buried below the roadway surface. The total project cost was $85,132.

1.11 RESOLUTION AUTHORIZING THE AWARD OF AN AGREEMENT TO A-PERFORMANCE

TOWING, INC FOR VEHICLE TOWING AND IMPOUNDING SERVICES
Council will consider adoption of a resolution awarding a Professional Services agreement to A-Performance Towing, Inc. for vehicle towing and impounding services essential to snowplow operations. The Fiscal Year 2022-23 adopted budget includes an appropriation for these services.

1.12 RESOLUTION APPROVING PRIVATE PROPERTY IMPROVEMENTS AND SETTLEMENT

AGREEMENT AND RELEASE ASSOCIATED WITH THE MOONRIDGE CORRIDOR

IMPROVEMENTS PROJECT
City Council will consider a formal resolution authorizing the execution of private property improvement agreements with approximately five (5) property owners along the Moonridge Corridor to mitigate impacts created by the Moonridge Corridor Improvements Project. The construction of certain features of the project created loss of driveway and garage access for many property owners and these agreements will enable the City to complete agreed upon improvements to mitigate these impacts. A condition of the agreements will include releasing the City from any and all claims associated with the construction impacts.

ITEMS REMOVED FROM THE CONSENT CALENDAR

2. DISCUSSION/ACTION ITEM

2.1 ORDINANCE AMENDING BIG BEAR LAKE MUNICIPAL CODE CHAPTER 1.12 (CITY

COUNCIL) CONCERNING RESIDENCY REQUIREMENTS AND PROOF THEREOF FOR CITY

COUNCIL CANDIDATES AND COUNCILMEMBERS
City Council will consider reading the title, waiving further reading, and introducing an ordinance that would require the City Council to annually submit specified documents to the City Clerk in order to prove their Big Bear Lake residency. The proposed ordinance would also establish proof of residency requirements for City Council candidates.

CITY COUNCIL AGENDA
October 3, 2022 - Page 4

3. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS

3.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS

3.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS

ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 29th day of September 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
84353 Department of Justice 09/16/2022 32.00
84354 San Bernardino County 09/16/2022 2.00
84355 San Bernardino County Fire Department 09/16/2022 4,449.84 84356 San Bernardino County Recorder 09/16/2022 20.00
84357 San Bernardino County Sheriff's Dept 09/16/2022 509,650.80 84358 San Bernardino County Vehicle Svcs Dept 09/16/2022 10,212.41 84360 City of Big Bear Lake Dept of Water & Power 09/16/2022 4,377.00 84361 South Coast AQMD 09/16/2022 1,861.83
84364 Big Bear Disposal Inc 09/16/2022 228,224.43
84365 BlackHole Technologies Inc 09/16/2022 1,726.74
84366 Bravo Arts Solutions LLC 09/16/2022 119.90
84367 Butchers Blocks & Building Materials 09/16/2022 372.40 84368 Bear Valley Electric 09/16/2022 2,964.86
84369 Bear Valley Printing Inc 09/16/2022 2,076.27
84370 Calif Joint Powers Ins Auth 09/16/2022 76,284.82
84371 Car Quest Auto Parts 09/16/2022 5,022.66
84372 Charter Communications Holdings, LLC 09/16/2022 2,143.28 84373 Cintas Corporation 09/16/2022 999.59
84374 Lumber City Corp. 09/16/2022 24.23
84375 DLT Solutions LLC 09/16/2022 4,318.94
84376 Docu‐Trust 09/16/2022 50.00
84378 Frontier Communications 09/16/2022 2,906.59
84379 Grainger Inc. 09/16/2022 285.15
84381 Harris Steel Fence Co., Inc. 09/16/2022 2,638.50
84382 Inland Empire Film Services, Inc. 09/16/2022 7,000.00 84383 Intelesys One, Inc. 09/16/2022 29,095.17
84384 Hitchin Lucerne, Inc. 09/16/2022 260.42
84385 McGrath Concrete Pumping 09/16/2022 280.50
84386 Mission Linen Supply Inc. 09/16/2022 656.02
84387 Susana Morales 09/16/2022 686.50
84388 Mountain Water Co 09/16/2022 208.00
84389 Genuine Auto Parts 09/16/2022 254.46
84390 Parkhouse Tire, Inc. 09/16/2022 1,412.68
84391 Peckham & McKenney Inc. 09/16/2022 1,800.00
84392 Quill Corporation 09/16/2022 533.30
84393 Retail Strategies, LLC 09/16/2022 2,500.00
84394 ROW Traffic Safety, Inc. 09/16/2022 8,250.00
84395 Rochester Midland Corporation 09/16/2022 611.64
84396 Robertson's Ready Mix 09/16/2022 178.47
84398 Staples Business Credit 09/16/2022 269.61
84399 Transtech Engineers, Inc. 09/16/2022 9,850.00
84400 Twin Bear Equipment Rental, Inc. 09/16/2022 468.97 84401 Underground Service Alert Inc. 09/16/2022 469.97
84402 United Rentals (North America), Inc 09/16/2022 7,956.26 City of Big Bear Lake
Checks Issued 09/02/2022 ‐ 09/22/2022
Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 09/02/2022 ‐ 09/22/2022
84403 USARC 09/16/2022 3,500.00
84404 Vulcan Materials Company Inc. 09/16/2022 983.13
84405 Waxie Sanitary Supply Inc. 09/16/2022 521.40
84406 Willdan Engineering Inc 09/16/2022 20,975.00
84407 Knight Sunrise LLC 09/20/2022 69,414.59
84411 Bay City Equipment Industries 09/22/2022 5,216.39 84412 Big Bear Disposal Inc 09/22/2022 2,088.26
84413 Big Bear Paint Center 09/22/2022 148.34
84415 Butchers Blocks & Building Materials 09/22/2022 428.37 84416 Bear Valley Electric 09/22/2022 3,266.15
84417 Bear Valley Paving, Inc. 09/22/2022 781,007.01
84418 Charter Communications Holdings, LLC 09/22/2022 365.84 84419 Cintas Corporation 09/22/2022 117.45
84421 Extra Space Management Inc 09/22/2022 903.00
84422 Gibson Transportation Consulting, Inc. 09/22/2022 11,519.75 84423 Grainger Inc. 09/22/2022 199.65
84424 Holland Equipment Company 09/22/2022 1,800.00
84425 Intelesys One, Inc. 09/22/2022 1,241.60
84426 KOA Corporation 09/22/2022 3,007.50
84428 LOR Geotechnical Group, Inc. 09/22/2022 2,031.40
84429 Lynn Merrill And Associates, Inc. 09/22/2022 2,063.27 84430 Marlin Business Bank 09/22/2022 1,660.06
84431 Mission Linen Supply Inc. 09/22/2022 655.82
84434 The Public Restroom Company 09/22/2022 58,679.00
84435 Rise Interpreting, Inc. 09/22/2022 180.00
84436 Robertson's Ready Mix 09/22/2022 1,131.66
84437 Romans Construction Corp. 09/22/2022 88,177.10
84439 Southwest Gas Corporation 09/22/2022 1,359.99
84440 United Rentals (North America), Inc 09/22/2022 7,699.37 84441 Uriel Villegas 09/22/2022 3,500.00
84442 Willdan Engineering Inc 09/22/2022 2,396.25
ACH Gary Payne 09/22/2022 90.00
ACH Dave Smith GM/Chrysler, Inc 09/20/2022 120,908.00
2,130,741.56
Check# Vendor/Employee Transaction Amount
City Council 4110
84403 USARC Community Sponsorship Grant Program 09/16/2022 3,500.00 City Council Total 3,500.00
City Clerk 4130
84382 Inland Empire Film Services, Inc. Film Services Bi‐Annual FY22/23 09/16/2022 7,000.00 84383 Intelesys One, Inc. Records Request Support 09/16/2022 476.16 84425 Intelesys One, Inc. Records Request Support 09/22/2022 400.64 City Clerk Total 7,876.80
Human Resources 4150
84353 Department of Justice Recruitment Expense 09/16/2022 32.00 84391 Peckham & McKenney Inc. Recruitment Expense 09/16/2022 1,800.00 84441 Uriel Villegas Commercial Driver Training 09/22/2022 3,500.00 Human Resources Total 5,332.00
Traffic Safety 4230
84368 Bear Valley Electric Electricity Usage 09/16/2022 372.30 84416 Bear Valley Electric Electricity Usage 09/22/2022 622.96 PW: Traffic Safety Total 995.26
Law Enforcement 4250
84357 San Bernardino County Sheriff's Dept Monthly Sheriff Contract ‐ September 2022 09/16/2022 509,650.80 Law Enforcement Total 509,650.80
Engineering 4310
84422 Gibson Transportation Consulting, Inc. Professional Services 09/22/2022 11,519.75 Engineering Total 11,519.75
Street Maintenance 4320
84358 San Bernardino County Vehicle Svcs Dept Fuel Charges 09/16/2022 4,870.23 84365 BlackHole Technologies Inc GPS Monthly Services 09/16/2022 1,726.74 84367 Butchers Blocks & Building Materials Materials/Supplies 09/16/2022 23.69 84373 Cintas Corporation First Aid Supplies 09/16/2022 211.45 84384 Hitchin Lucerne, Inc. Materials/Supplies 09/16/2022 260.42 84386 Mission Linen Supply Inc. Laundry Service 09/16/2022 262.41 84394 ROW Traffic Safety, Inc. Equipment Rentals 09/16/2022 4,125.00 84395 Rochester Midland Corporation Janitorial Supplies 09/16/2022 152.91 84396 Robertson's Ready Mix Materials/Supplies 09/16/2022 178.47 84398 Staples Business Credit Office Supplies 09/16/2022 269.61 84404 Vulcan Materials Company Inc. Materials/Supplies 09/16/2022 983.13 84405 Waxie Sanitary Supply Inc. Janitorial Supplies 09/16/2022 130.35 84412 Big Bear Disposal Inc Vehicle Debris Disposal 09/22/2022 1,475.25 84415 Butchers Blocks & Building Materials Materials/Supplies 09/22/2022 15.76 84418 Charter Communications Holdings, LLC Cable Service 09/22/2022 75.88 84419 Cintas Corporation AED Lease 09/22/2022 117.45
84421 Extra Space Management Inc Storage Rental Spaces 09/22/2022 903.00 84424 Holland Equipment Company Equipment Rentals 09/22/2022 1,800.00 84431 Mission Linen Supply Inc. Laundry Service 09/22/2022 262.33 PW: Street Maintenance Total 17,844.08
City of Big Bear Lake
Expenditure By Department
Checks Issued 09/02/2022 ‐ 09/22/2022
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 09/02/2022 ‐ 09/22/2022
Vehicle Maintenance 4325
84360 City of Big Bear Lake Dept of Water & Power Water Usage 09/16/2022 168.62 84371 Car Quest Auto Parts Vehicle Repair Parts 09/16/2022 3,204.71 84379 Grainger Inc. Vehicle Repair Parts 09/16/2022 285.15 84386 Mission Linen Supply Inc. Laundry Service 09/16/2022 32.80 84390 Parkhouse Tire, Inc. Vehicle Repair Parts 09/16/2022 1,412.68 84416 Bear Valley Electric Electricity Usage 09/22/2022 38.94 84431 Mission Linen Supply Inc. Laundry Service 09/22/2022 32.79 84439 Southwest Gas Corporation Natural Gas Usage 09/22/2022 44.35 PW: Vehicle Maintenance Total 5,220.04
Street Lighting 4330
84368 Bear Valley Electric Electricity Usage 09/16/2022 240.81 84416 Bear Valley Electric Electricity Usage 09/22/2022 193.61 PW: Street Lighting Total 434.42
Parking Lots / Chamber Building 4335
84360 City of Big Bear Lake Dept of Water & Power Water Usage 09/16/2022 599.69 84367 Butchers Blocks & Building Materials Materials/Supplies 09/16/2022 7.78 84368 Bear Valley Electric Electricity Usage 09/16/2022 520.17 84395 Rochester Midland Corporation Janitorial Supplies 09/16/2022 152.91 84405 Waxie Sanitary Supply Inc. Janitorial Supplies 09/16/2022 130.35 84412 Big Bear Disposal Inc Portable Restroom Rental 09/22/2022 512.00 84413 Big Bear Paint Center Materials/Supplies 09/22/2022 75.08 PW: Parking Lots/Chamber Total 1,997.98
Planning 4410
84354 San Bernardino County Monthly Assessor Parcel Map Update 09/16/2022 2.00 84393 Retail Strategies, LLC Professional Services 09/16/2022 2,500.00 84435 Rise Interpreting, Inc. Language Interpreting Services 09/22/2022 180.00 84442 Willdan Engineering Inc Professional Services 09/22/2022 2,396.25 Planning Total 5,078.25
Tourism Registration/Administration 4414
84356 San Bernardino County Recorder Recording Fees 09/16/2022 20.00 84394 ROW Traffic Safety, Inc. Equipment Rentals 09/16/2022 4,125.00 Tourism Registration / Administration T 4,145.00
Tourism & Municipal Code Compliance 4415
84358 San Bernardino County Vehicle Svcs Dept Fuel Charges 09/16/2022 1,340.55 Tourism & Municipal Code Compliance 1,340.55
Building & Safety 4430
84358 San Bernardino County Vehicle Svcs Dept Fuel Charges 09/16/2022 152.23 84406 Willdan Engineering Inc Professional Services 09/16/2022 20,975.00 Building & Safety Total 21,127.23
PAC Administration 4610
84366 Bravo Arts Solutions LLC Ticket Printing Fees 09/16/2022 119.90 PAC Administration Total 119.90
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 09/02/2022 ‐ 09/22/2022
City Parks & Trails 4625
84360 City of Big Bear Lake Dept of Water & Power Water Usage 09/16/2022 2,188.06 84367 Butchers Blocks & Building Materials Materials/Supplies 09/16/2022 142.38 84368 Bear Valley Electric Electricity Usage 09/16/2022 140.98 84385 McGrath Concrete Pumping Materials/Supplies 09/16/2022 280.50 84395 Rochester Midland Corporation Janitorial Supplies 09/16/2022 152.91 84405 Waxie Sanitary Supply Inc. Janitorial Supplies 09/16/2022 130.35 84413 Big Bear Paint Center Materials/Supplies 09/22/2022 73.26 84415 Butchers Blocks & Building Materials Materials/Supplies 09/22/2022 273.41 84416 Bear Valley Electric Electricity Usage 09/22/2022 268.35 84418 Charter Communications Holdings, LLC Security Camera Internet Service 09/22/2022 289.96 84436 Robertson's Ready Mix Materials/Supplies 09/22/2022 1,131.66 City Parks & Trails Total 5,071.82
General Government 4800
84370 Calif Joint Powers Ins Auth Annual Insurance Contribution 09/16/2022 63,098.73 84372 Charter Communications Holdings, LLC High Speed Internet 09/16/2022 2,023.30 84373 Cintas Corporation First Aid Supplies 09/16/2022 224.36 84376 Docu‐Trust Monthly Document Storage 09/16/2022 50.00 84378 Frontier Communications Telephone Service 09/16/2022 2,299.22 84387 Susana Morales Council Meeting Provisions 09/16/2022 686.50 84388 Mountain Water Co Water Dispenser Rental & Water 09/16/2022 208.00 84392 Quill Corporation Office Supplies 09/16/2022 533.30 84400 Twin Bear Equipment Rental, Inc. Equipment Rental 09/16/2022 468.97 84430 Marlin Business Bank Copier Lease 09/22/2022 1,660.06 General Government Total 71,252.44
Information Technology 4810
84375 DLT Solutions LLC Annual AutoCAD Subscription 09/16/2022 4,318.94 84383 Intelesys One, Inc. IT Services/Licenses October 2022 09/16/2022 10,438.88 84425 Intelesys One, Inc. Emergency Operations Center Setup ‐ Radford Fire 09/22/2022 840.96 Technology Services Total 15,598.78
Civic Center 4820
84358 San Bernardino County Vehicle Svcs Dept Fuel Charges 09/16/2022 1,775.09 84360 City of Big Bear Lake Dept of Water & Power Water Usage 09/16/2022 444.94 84367 Butchers Blocks & Building Materials Materials/Supplies 09/16/2022 198.55 84372 Charter Communications Holdings, LLC Security Camera Internet Service 09/16/2022 119.98 84373 Cintas Corporation First Aid Supplies & AED Lease 09/16/2022 352.34 84386 Mission Linen Supply Inc. Laundry Service 09/16/2022 45.92 84395 Rochester Midland Corporation Janitorial Supplies 09/16/2022 152.91 84405 Waxie Sanitary Supply Inc. Janitorial Supplies 09/16/2022 130.35 84415 Butchers Blocks & Building Materials Materials/Supplies 09/22/2022 79.61 84431 Mission Linen Supply Inc. Laundry Service 09/22/2022 45.90 84439 Southwest Gas Corporation Natural Gas Usage 09/22/2022 129.21 Civic Center Total 3,474.80
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 09/02/2022 ‐ 09/22/2022
PAC Operations & Maintenance 4821
84439 Southwest Gas Corporation Natural Gas Usage 09/22/2022 35.74 ACH Gary Payne Equipment Maintenance 09/22/2022 90.00
PAC Operations & Maintenance Total 125.74
Sanitation 250
84358 San Bernardino County Vehicle Svcs Dept Fuel Charges 09/16/2022 2,074.31 84360 City of Big Bear Lake Dept of Water & Power Water Usage 09/16/2022 48.75 84361 South Coast AQMD AQMD Annual Fees 09/16/2022 1,861.83 84368 Bear Valley Electric Electricity Usage 09/16/2022 535.38 84371 Car Quest Auto Parts Vehicle Repair Parts 09/16/2022 1,817.95 84373 Cintas Corporation First Aid Supplies 09/16/2022 211.4484374 Lumber City Corp. Materials/Supplies 09/16/2022 24.23 84378 Frontier Communications Telephone Service 09/16/2022 607.37 84386 Mission Linen Supply Inc. Laundry Service 09/16/2022 262.41 84389 Genuine Auto Parts Vehicle Repair Parts 09/16/2022 254.46 84401 Underground Service Alert Inc. Underground Service Alerts 09/16/2022 469.97 84415 Butchers Blocks & Building Materials Materials/Supplies 09/22/2022 53.86 84416 Bear Valley Electric Electricity Usage 09/22/2022 2,142.29 84431 Mission Linen Supply Inc. Laundry Service 09/22/2022 262.33 84439 Southwest Gas Corporation Natural Gas Usage 09/22/2022 44.34 Sanitation Total 10,670.92
Village Streetscape Maintenance 291
84360 City of Big Bear Lake Dept of Water & Power Water Usage 09/16/2022 926.94 84364 Big Bear Disposal Inc Village Litter Containers 09/16/2022 1,931.30 84368 Bear Valley Electric Electricity Usage 09/16/2022 1,155.22 84369 Bear Valley Printing Inc Replacement Restroom Sign ‐ 630 Bartlett 09/16/2022 69.01 84439 Southwest Gas Corporation Natural Gas Usage 09/22/2022 1,106.35 Village Streetscape Maintenance Total 5,188.82
Capital Projects 321
84369 Bear Valley Printing Inc Stanfield Boardwalk Project 09/16/2022 1,863.34 84381 Harris Steel Fence Co., Inc. Rotary Park Fencing Project 09/16/2022 2,638.50 84383 Intelesys One, Inc. Server Replacement Project 09/16/2022 18,180.13 84399 Transtech Engineers, Inc. Surveying Services ‐ Castle Rock Trailhead Improvements 09/16/2022 9,850.00 84407 Knight Sunrise LLC Vehicle Replacement 09/20/2022 69,414.59 84411 Bay City Equipment Industries Lift Station # 12 Emergency Standby Generator 09/22/2022 5,216.39 84415 Butchers Blocks & Building Materials Materials/Supplies ‐ Animal Shelter Improvements 09/22/2022 5.73 84417 Bear Valley Paving, Inc. Stanfield Cutoff Restroom Project 09/22/2022 85,519.00 84434 The Public Restroom Company Stanfield Cutoff Restroom Project 09/22/2022 58,679.00 84437 Romans Construction Corp. Jay Bird Lane Sanitary Sewer Main Replacement Project 09/22/2022 88,177.10 ACH Dave Smith GM/Chrysler, Inc (2) Vehicle Replacements 09/20/2022 120,908.00 Capital Projects Total 460,451.78
Street Improvement Projects 350
84369 Bear Valley Printing Inc Traffic Signs ‐ Moonridge Corridor Project 09/16/2022 143.92 84402 United Rentals (North America), Inc Equipment Rentals ‐ Moonridge Corridor 09/16/2022 7,956.26 84417 Bear Valley Paving, Inc. FY 2022‐23 Annual Street Rehabilitation Project 09/22/2022 695,488.01 84423 Grainger Inc. Materials/Supplies ‐ Moonridge Realign/Roundabouts 09/22/2022 199.65 84426 KOA Corporation 2022 Construction Phase Design Support ‐ Moonridge Corridor 09/22/2022 3,007.50 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 09/02/2022 ‐ 09/22/2022
84428 LOR Geotechnical Group, Inc. Geotechnical Services ‐ Moonridge Corridor Project 09/22/2022 2,031.40 84440 United Rentals (North America), Inc Equipment Rentals ‐ Moonridge Corridor 09/22/2022 7,699.37 Capital Projects/ Street Improvements 716,526.11
Refuse 550
84355 San Bernardino County Fire Department Hazardous Materials CUPA Permit 09/16/2022 4,449.84 84364 Big Bear Disposal Inc Residential Curb/Bin Service 09/16/2022 226,293.13 84370 Calif Joint Powers Ins Auth Annual Insurance Contribution 09/16/2022 13,186.09 84386 Mission Linen Supply Inc. Laundry Service 09/16/2022 52.48 84412 Big Bear Disposal Inc Portable Restroom Rentals 09/22/2022 101.01 84429 Lynn Merrill And Associates, Inc. Professional Services 09/22/2022 2,063.27 84431 Mission Linen Supply Inc. Laundry Service 09/22/2022 52.47 Refuse Total 246,198.29Grand Total 2,130,741.56
Special Meeting Minutes – July 28, 2022
-
A Special Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 8:36 a.m., Thursday, July 28, 2022, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.

OPEN SESSION
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

PUBLIC COMMUNICATIONS
None.

CLOSED SESSION
At the hour of 8:36 a.m., Mayor Herrick adjourned Open Session and called Closed Session to order.

1. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957 Title of Position to be filled: City Manager
No reportable action.

ADJOURNMENT
There being no further business to come before the Council at this Closed Session, Mayor Herrick adjourned the meeting at 4:33 p.m.
____________________________
Erica Stephenson, City Clerk
Special Meeting Minutes – July 29, 2022
-
A Special Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 9:00 a.m., Friday, July 29, 2022, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.

PUBLIC COMMUNICATIONS
None.

CLOSED SESSION
At the hour of 9:00 a.m., Mayor Herrick adjourned Open Session and called Closed Session to order.

1. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957 Title of Position to be filled: City Manager
No reportable action.

ADJOURNMENT
There being no further business to come before the Council at this Closed Session, Mayor Herrick adjourned the meeting at 12:43 p.m.
____________________________
Erica Stephenson, City Clerk
Regular Meeting Minutes – August 1, 2022
-

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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August 1, 2022
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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August 1, 2022

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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August 1, 2022
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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August 1, 2022

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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August 1, 2022
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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August 1, 2022
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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August 1, 2022
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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August 1, 2022

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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August 1, 2022
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
Special Meeting Minutes – August 11, 2022
-
A Special Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 5:15 p.m., Thursday, August 11, 2022, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.

CLOSED SESSION PUBLIC COMMUNICATIONS
None.

CLOSED SESSION

1. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957 Title of Position to be filled: City Manager
Reportable action recorded in the August 11, 2022 Adjourned Regular Meeting Minutes.

ADJOURNMENT
There being no further business to come before the Council at this Closed Session, Mayor Herrick adjourned the Special Meeting at 5:42 p.m.
___________________________
Erica Stephenson, City Clerk
Adjourned Regular Meeting Minutes – August 11, 2022
-

An Adjourned 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., Thursday, August 11, 2022, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.

CLOSED SESSION PUBLIC COMMUNICATIONS: None.

At the hour of 5:15 p.m., Council adjourned to a Special Meeting Closed Session.

At the hour of 6:00 p.m., Mayor Herrick called an Adjourned Regular Meeting Open Session to order.

OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Putz
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

2. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6 Agency Designated Representatives: Mayor Rick Herrick, Mayor Pro Tem Bynette Mote, City Attorney Stephen Deitsch and Deputy City Attorney Joseph Sanchez Unrepresented Employee: City Manager
Interim City Manager Jeff Mathieu reported that during the August 11 Special Meeting’s Closed Session, Council appointed Kelly Ent, Director of Administrative Services, to serve as Acting City Manager until the new City Manager commences employment.

PUBLIC COMMUNICATIONS
Sue Hart, Big Bear Lake resident, expressed her concerns related to the children’s safety when walking on Catalina Road, due to the vehicular traffic and speeding issues on that residential street.

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Cory Blake Miholich, Big Bear Lake resident, introduced himself as a City Council District 4 candidate and briefly discussed the initiatives and projects that he would like to see brought forth to the City Council.

Kirk Siegel, Big Bear Lake resident, indicated that he is a City Council District 3 candidate; expressed that Switzerland Drive is in need of repair; said he would like to see the City implement additional youth programs and activities; stated his views related to the current vacation rental issues.

1. DISCUSSION/ACTION ITEM

1.1 APPROVAL OF A CITY MANAGER EMPLOYMENT AGREEMENT
City Council considered authorizing the Mayor to execute a City Manager employment agreement; per the requirements of the Ralph M. Brown Act, Stephen Deitsch, City Attorney, read aloud the terms of the proposed City Manager employment agreement highlighting the compensation and benefits package.

Following initial comments, a motion was made by Councilmember Putz, seconded by Councilmember Melnick, to authorize the Mayor to execute a City Manager employment agreement with Erik Sund.

A motion was made by Councilmember Melnick, seconded by Mayor Pro Tem Mote, to waive the confidentiality of the Closed Session discussion related to the City Manager appointment.

Said motion was approved by the following vote:

AYES: Melnick, Mote, Lee, Putz, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
Council and the City Attorney engaged in further discussions related to the Closed Session City Manager recruitment/appointment process and indicated that all five Councilmembers voted in favor of the appointment of Erik Sund and the compensation package, although some Councilmembers expressed reservations about the compensation package during the Closed Session deliberation.

City Clerk Erica Stephenson took the vote for the original motion by Councilmember Putz, seconded by Councilmember Melnick, to authorize the Mayor to execute a City Manager employment agreement with Erik Sund.

Said motion was approved by the following vote:

AYES: Mote, Melnick, Putz, Herrick
NOES: Lee
ABSTAIN: None
ABSENT: None

2. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS

2.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS

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City Clerk Erica Stephenson reported that the City Council filing deadline is Friday, August 12, at 5 p.m. and informed Council and the audience election information and candidate filing information can be found on the City’s website.

City Attorney Stephen Deitsch thanked Jeff Mathieu for his service to the City as Interim City Manager.

Interim City Manager Jeff Mathieu thanked the Council and community for welcoming his return.

2.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Lee and Mayor Herrick thanked Interim Jeff Mathieu for his service to the City as Interim City Manager.

ADJOURNMENT
There being no further business to come before the Council at this Closed Session, Mayor Herrick adjourned the meeting at 6:52 p.m. in honor of Vin Scully.
____________________________
Erica Stephenson, City Clerk
Regular Meeting Minutes – August 15, 2022
-

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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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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Meeting Minutes
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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August 15, 2022

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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August 15, 2022
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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August 15, 2022
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.
____________________________
Erica Stephenson, City Clerk

MEETING
DATE: October 3, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sue O’Strander, Director of Community Development Ruth Lorentz, Principal Planner
SUBJECT: Ordinance Approving Development Code Amendment 2022-046, Amending the Zoning Map to Establish the R-4 Zone District and Amending Chapters 17.02 (Definitions), 17.03 (General Procedures), 17.25 (Residential Zones), and 17.35 (Commercial and Public Zones) of the City’s Municipal Code (Title 17)

BACKGROUND
On September 19, 2022, the City Council considered a City-initiated Development Code Amendment (DCA 2022-046) for concurrent implementation of the 2021-2029 Housing Element.

The application amends Chapters 17.02 (Definitions), 17.03 (General Procedures), 17.25 (Residential Zones), and 17.35 (Commercial and Public Zones) of the City’s Municipal Code (Title 17), which are directly related to Housing Element Programs H1-A (Adequate Housing Sites), H1- B (Variety of Housing), Program H3-A (Development Review Procedures), H3-B (Emergency Shelters, Low Barrier Navigation Centers), and H6-B (Reasonable Accommodation) of the 2021- 2029 Housing Element. The application includes replacing the workforce housing overlay sites with an R-4 zone district on 6 parcels, referred to as Assessor’s Parcel Number (APN) 311-411- 13, 311-411-17, 311-421-02, 311-421-03, 311-421-39, and 2328-301-25 – five of which are located near the intersection of Eagle Ridge and Starvation Flats Road, and one located on the south side of Moonridge Road, just west of Evergreen Drive.

The City Council conducted a public hearing, introduced the ordinance, read the title and waived further reading of the attached ordinance. The agenda report for the September 19, 2022 meeting is attached for reference. At the September 19, 2022, a question arose as to whether condominiums and vacation rentals are allowed in the R-4 zone district. To clarify, condominiums are conditionally permitted (as noted in 17.25.020.D and Table 17.25.030.A) and vacation rentals are prohibited in the R-4 zone (as noted in Table 17.25.040.A). The City Council’s action was preceded by the Planning Commission’s action on August 17, 2022 recommending that the City Council approve DCA 2022-046.

FISCAL IMPACT
No fiscal impact is anticipated from the adoption of this ordinance.

ENVIRONMENTAL CONSIDERATIONS
Pursuant to Government Code Section 65352.3, the City contacted the Native American Heritage Commission (NAHC) on February 18, 2021 to initiate tribal consultation, required under SB18.

Following receipt of the consultation list from NAHC on March 19, 2021, staff sent a formal request for Tribal Consultation to seven tribal contacts, who had 90 days to respond. With the exception of additional information on the Housing Element, no consultations were requested. In addition, the City re-notified the tribes on April 19, 2022 for a subsequent 90 day period, ending on July 18, 2022. With the exception of zoning information requested by the Yuhaaviatam of San Manuel Nation, no additional consultation was requested and the Tribe determined that the zoning changes did not pose a conflict within their Serrano ancestral territory.

Staff has determined that the proposed amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines. The proposal is covered by the “common sense” rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. The Housing Element is mandated by the State to be updated every eight years. The changes to zoning and corresponding Land Use designation in the General Plan does not create new density, because the R-4 zone and High Density Residential designation replaces the existing Workforce Housing Overlay that has been in place since the 4th cycle (2008) Housing Element. Furthermore, the existing overlay allows a minimum of 20 units per acre and does not provide a maximum density. Therefore, by creating a maximum density of 24 units per acre in the R-4 zone, the project realizes a maximum buildout on each of the six R-4 sites. None of the proposed amendments would directly result in any physical development, nor will the proposed amendments result in any change to the built-out environment as envisioned by the General Plan.

A recommended CEQA Notice of Exemption is attached.

RECOMMENATION
On September 19, 2022, the City Council conducted a public hearing, introduced the ordinance, read the title and waived further reading of the attached ordinance. Staff recommends that the City Council take the following action:

1. Make a motion to adopt an Ordinance Approving Development Code Amendment 2022- 046, Amending the Zoning Map to Establish the R-4 Zone District and Amending Chapters

17.02 (Definitions), 17.03 (General Procedures), 17.25 (Residential Zones), and 17.35 (Commercial and Public Zones) and Finding these Amendments Exempt from the California Environmental Quality Act

ATTACHMENTS

1. Ordinance No. 2022-XXX

2. Exhibit 2 (Zoning Map Excerpt)

3. Notice of Exemption

4. City Council agenda report, dated September 19, 2022 ATTACHMENT 1

ORDINANCE NO. 2022-XXX
ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 2022-046, AMENDING THE ZONING MAP TO ESTABLISH THE R-4 ZONE DISTRICT AND AMENDING CHAPTERS 17.02 (DEFINITIONS), 17.03 (GENERAL PROCEDURES), 17.25 (RESIDENTIAL ZONES), AND 17.35 (COMMERCIAL

AND PUBLIC ZONES) AND FINDING THESE AMENDMENTS EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Big Bear Lake initiated Development Code Amendment 2022-046, heretofore referred to as the Application; for concurrent implementation of the 2021-2029 Housing Element, specifically Housing Element Programs implement Programs H1-A (Adequate Housing Sites), H1-B (Variety of Housing), Program H3-A (Development Review Procedures), H3-B (Emergency Shelters, Low Barrier Navigation Centers), and H6-B (Reasonable Accommodation); and which includes replacing the workforce housing overlay sites with an R-4 zone district on 6 parcels, referred to as Assessor’s Parcel Number (APN) 311-411-13, 311-411-17, 311-421-02, 311-421-03, 311-421-39, and 2328-301-25 – five of which are located near the intersection of Eagle Ridge and Starvation Flats Road, and one located on the south side of Moonridge Road, just west of Evergreen Drive; as well as minor revisions to Chapters 17.02 (Definitions), 17.03 (General Procedures), 17.25 (Residential Zones), and 17.35 (Commercial and Public Zones) of the City’s Municipal Code (Title 17); and
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to regulate the use of buildings, structures, and land as between industry, business, residences, and open space, and other purposes; to regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot which may be occupied by a building or structure, and the intensity of land use; and to establish requirements for off-street parking, in compliance with the California Government Code. The City has adopted such an ordinance, referred to as the Development Code, adopted by Ordinance No. 2003-333, on September 8, 2003, and codified in the Municipal Code as Chapter 17; and
WHEREAS, section 17.03.200 of the Development Code includes provisions for amendments to the Development Code; and
WHEREAS, opportunities for public participation, input and discussion on the Application have occurred at duly noticed Planning Commission/City Council Study Session held on April 18, 2022, at the Big Bear Lake Civic and Performing Arts Center at 39707 Big Bear Boulevard, Big Bear Lake, CA 92315; and
WHEREAS, on August 17, 2022, the Planning Commission conducted a duly noticed public hearing on the Application and upon conclusion of the public hearing, took action to adopt Resolution No. 2022-21 by a vote of 5-0, recommending that the City Council approve the Application; and
WHEREAS, public notice of the City Council public hearing for the Application was published in The Grizzly on September 7, 2022; and a notice was posted in three public places a minimum of 10 days prior to the hearing date. The City Council agenda was distributed at least 72 hours in advance of the meeting, and made available to the general public through the City’s website and the Housing Element webpage; and
WHEREAS, the Application is not subject to the California Environmental Quality Act (CEQA) because it is covered by the “common sense” rule expressed in section 15061(b)(3) of the State CEQA Guidelines that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The Housing Element is mandated by the State to be updated every eight years. The changes to zoning and corresponding Land Use designation in the General Plan does not create new density, because the R-4 zone and High Density Residential designation replaces the existing Workforce Housing Overlay that has been in place since the 4th cycle (2008) Housing Element. Furthermore, the existing overlay allows a minimum of 20 units per acre and does not provide a maximum density. Therefore, by creating a maximum density of 24 units per acre in the R-4 zone, the project realizes a maximum buildout on each of the six R-4 sites. None of the proposed amendments would directly result in any physical development, nor will the proposed amendments result in any change to the built-out environment as envisioned by the General Plan and it can be seen with certainty that there is no possibility that the proposed activity may have a significant effect on the environment; and
WHEREAS, on September 19, 2022, the City Council conducted a duly noticed public hearing on the Application in Hofert Hall of the Civic and Performing Arts Center, located at 39707 Big Bear Boulevard, Big Bear Lake, California, 92315, and upon conclusion of the public hearing, the City Council read the title, waived further reading, and introduced an ordinance approving Development Code Amendment 2022-046 for implementation of the 2021-2029 Housing Element; and
WHEREAS, on October 3, 2022, the City Council conducted a public meeting on the Application in Hofert Hall of the Civic and Performing Arts Center, located at 39707 Big Bear Boulevard, Big Bear Lake, California, 92315, and adopted an ordinance approving Development Code Amendment 2022-046 and finding the action exempt from CEQA; and WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.

NOW, THEREFORE, the City Council of the City of Big Bear Lake does ordain as follows:

Section 1. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this ordinance, are true and correct.

Section 2. The City Council hereby finds that the Application is not subject to the California Environmental Quality Act (CEQA) because it is covered by the “common sense” rule expressed in section 15061(b)(3) of the State CEQA Guidelines that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The Housing Element is mandated by the State to be updated every eight years. The changes to zoning and corresponding Land Use designation in the General Plan does not create new density, because the R-4 zone and High Density Residential designation replaces the existing Workforce Housing Overlay that has been in place since the 4th cycle (2008) Housing Element. Furthermore, the existing overlay allows a minimum of 20 units per acre and does not provide a maximum density. Therefore, by creating a maximum density of 24 units per acre in the R-4 zone, the project realizes a maximum buildout on each of the six R-4 sites. None of the proposed amendments would directly result in any physical development, nor will the proposed amendments result in any change to the built-out environment as envisioned by the General Plan. Therefore, the proposed Development Code Amendments are not a “project” under Public Resources Code section 21065, and, in the alternative, are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3), the “common sense exemption,” where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 3. Based on the evidence presented to the City Council during the September 19, 2022 public hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows with respect to Development Code Amendment 2022-046:

1. The proposed Development Code amendment conforms with the goals, objectives and policies of the general plan, in that the proposed amendments would modify several sections of the Development Code with the intent to implement the Housing Element of the General Plan and comply with state mandates related to adequate sites for affordable housing development and RHNA, standards related to reasonable accommodation requests, emergency shelters, and low-barrier navigation centers. As such, the proposed amendment can be found in conformance with the general plan.

2. The proposed Development Code amendment is necessary to implement the general plan and to provide for public safety convenience and/or general welfare, in that the proposed amendment addresses several inconsistencies with State legislation. The amendment also includes opportunities to implement the Housing Element, specifically Housing Element Programs H1-A (Adequate Housing Inventory) and H1-B (Variety of Housing), which calls for amending the General Plan Land Use Element and Development Code Zoning to replace the Workforce Housing Overlay with an R-4 zone, establish the 20 units per acre as a minimum density and provide a maximum density of 24 units per acre because the overlay does not provide a maximum density. As such, the proposed amendment may be considered a step in furthering efforts to better implement the current general plan.

3. The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof, in that the proposed amendment conforms with the intent of the Development Code and consistent with all other related provisions, including consistency with definitions and standards related to the statutory requirements for emergency shelters, low barrier navigation centers, and establishes standards for the R-4 zone, which corresponds to the High Density Residential (HDR) land use designation as established by the 2021-2029 Housing Element update.

4. The proposed Development Code amendment is reasonable and beneficial at this time, in that the proposed amendment replaces the vague Workforce Housing Overlay with the R4 zone and brings several areas into compliance with State law and current practice. As such, the Development Code Amendment is considered to be reasonable and beneficial at this time.

Section 4. Based on the findings and conclusions as set forth in Sections 1, 2, and 3, above, the City Council hereby finds the Application is exempt from CEQA and adopts an ordinance approving Development Code Amendment 2022-046, as provided in Exhibit A and Exhibit B.

Section 5. The City Clerk shall certify to the adoption of this ordinance and shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption.

PASSED, APPROVED AND ADOPTED this 3rd day of October, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

ORDINANCE APPROVING DEVELOPMENT CODE
AMENDMENT 2022-046, AMENDING THE ZONING MAP TO
ESTABLISH THE R-4 ZONE DISTRICT AND AMENDING
CHAPTERS 17.02 (DEFINITIONS), 17.03 (GENERAL
PROCEDURES), 17.25 (RESIDENTIAL ZONES), AND 17.35
(COMMERCIAL AND PUBLIC ZONES) AND FINDING THESE

AMENDMENTS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the 3rd day of October 2022, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

EXCUSED:

I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2022-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City.

Erica Stephenson, City Clerk

EXHIBIT A

REDLINE VERSION
Proposed Text Changes to Development Code Amendment 2022-100 Proposed changes for the affected section of the General Plan is shown in underline for added language and strikethrough for deleted text, below:

DEVELOPMENT CODE SECTION 17.02.030 (DEFINITIONS)
Low barrier navigation center as defined by California Government Code Section 65660; means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “ Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in dormitory setting or in larger rooms containing more than two beds, or private rooms.

DEVELOPMENT CODE SECTION 17.03 (GENERAL PROCEDURES)

17.03.350 REQUESTS FOR REASONABLE ACCOMMODATION
A. Purpose. It is the policy of the jurisdiction, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This ordinance establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

B. Findings. The federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing;

1. The Housing Element of the jurisdiction must identify and develop a plan for removing governmental constraints to housing for individuals with disabilities including local land use and zoning constraints or providing reasonable accommodation;

2. The Attorney General of the State of California has recommended that cities and counties implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities;

3. A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures will further the jurisdiction’s compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.

C. Applicability. Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities. An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

D. Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the planning, zoning and building departments, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Planning and Building and Safety departments.

E. Requesting Reasonable Accommodation.

1. In order to make housing available to an individual with a disability, any eligible person as defined in Section C may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

2. Requests for reasonable accommodation shall be in writing and provide the following information: (1) Name and address of the individual(s) requesting reasonable accommodation; (2) Name and address of the property owner(s); (3) Address of the property for which accommodation is requested; (4) Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and (5) Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

3. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.

5. If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

F. Reviewing Authority.

1. Requests for reasonable accommodation shall be reviewed by the “reviewing authority,” using the criteria set forth in Section G.

2. The reviewing authority shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section G.

3. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

G. Required Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

1. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

2. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

3. Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction and;

4. Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction’s land use and zoning or building program.

H. Written Decision on the Request for Reasonable Accommodation.

1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority’s findings on the criteria set forth in Section G. All written decisions shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

2. The written decision of the reviewing authority shall be final unless an applicant appeals it to the Planning Commission.

3. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted by Section F, the request shall be deemed granted.

4. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

I. Appeals.

1. Within thirty (30) days of the date of the reviewing authority’s written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

2. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

3. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

DEVELOPMENT CODE SECTION 17.25 (RESIDENTIAL ZONES)

17.25.020 Residential Zone Districts
D. Multiple Residential (R-4) Zone

1. The Multiple Residential (R-4) Zone is established for the development of grouped housing, such as townhouses, condominiums, apartments, and mobile home parks, at gross densities ranging from 20 to 24 dwelling units per acre. The actual permitted density shall be determined based on topographical, environmental, physical, and infrastructural constraints. In order to encourage the production of housing affordable to low-to-moderate income households, density bonuses may be granted in this zone, subject to approval of an agreement pursuant to Section

17.03.230 (Affordable Housing Agreements).

2. Development within the R-4 zone generally consists of attached or grouped dwelling units within a development site that share common access, open spaces, and amenities. The R-4 Zone permits the development of self-contained residential communities which provide recreational facilities and amenities to serve residents.

3. The R-4 zone is compatible with the Multiple Family Residential-4 (MFR-4) General Plan land use designation.

Table 17.25.030.A

PRINCIPAL USES PERMITTED IN RESIDENTIAL ZONES
Zone District R-L R-1 R-3 R-4
Residential Uses:

Single-family detached dwelling
unit on one lot.

P P P _
Care facility, residential, for 6 or
fewer residents
P P P _
Two, three, four, or five dwelling
units in one project (attached or
detached)
_ _ P _
Six or more dwelling units in one
project.
_ _ PPR PPR
Workforce Housing on sites
greater than two acres with a
minimum density of 20 units per
acre and no less than 16 units on
sites identified in Figure B-2 of
Appendix B of the 2008-2014
_ _ PPR PPR
Zone District R-L R-1 R-3 R-4
Condominiums and
condominium conversions.
_ _ CUP1 CUP1
Manufactured home parks and
subdivisions.
_ _ CUP1 _
Boarding and rooming houses. _ _ CUP _
Group living facility for over six
(6) residents (i.e. dormitories,
single room occupancy facilities,
transitional housing, etc.).
_ _ CUP _
Other Principal Uses:

Bed and Breakfast
establishments
 5 or less guest rooms
CUP2 CUP2 _
Churches, chapels, meeting
rooms and religious institutions
CUP2 CUP2 CUP2 CUP2
Commercial lodging facilities
(hotels, motels, lodges, timeshare units, bed and breakfast establishments with 6 or more
guest rooms), provided that
density of guest units does not
exceed 12 per acre
_ _ CUP2 _
Extended stay lodging _ _ CUP _
Conference centers, retreat
centers, and camps on sites of
five acres minimum
CUP CUP CUP _
Country clubs, including golf
courses, alcohol sales and
ancillary uses
CUP CUP CUP _
Fraternal organizations, lodges,
and private clubs
_ _ CUP2 _
Horticulture (tree farms, truck
gardening, plant nursery; prior to
development) _
Zone District R-L R-1 R-3 R-4
- no retail sales on site
- limited retail sales on site
P
CUP
--
--
--
--
Museums CUP CUP CUP _
Parks and recreational facilities,
public or private (including
swimming pools, tennis courts,
playgrounds, parks, trailheads,
picnic areas)
CUP CUP CUP _
Schools, kindergarten through
grade 12
CUP CUP CUP _
Social care facilities housing
seven ( 7) or more residents

CUP CUP CUP CUP
Utility installations (includes
electrical substations, sewage
and water pump stations, wells,
water reservoirs, natural gas
regulator stations, etc.)

CUP CUP CUP CUP
P = permitted use without land use approval; other permits may be required.

PPR = permitted subject to approval of a Plot Plan Review pursuant to Section 17.03.160.

CUP = permitted subject to approval of a Conditional Use Permit pursuant to Section 17.03.170. 1 Subdivision map required for any subdivision of land or air rights. 2 Subject to special development and/or performance standards in this Chapter. – =Not permitted
Table 17.25.040.A

ACCESSORY USES AND STRUCTURES PERMITTED IN RESIDENTIAL ZONES Zone District R-L R-1 R-3 R-4
Animal Uses:

Keeping of domestic animals
commonly kept as household pets;
 Single family residential use:
2 dogs and/or cats over age
of 4 mos. for each lot 7200
sq. ft. or less; 3 for lots
7201-10,000sq. ft.; 4 for lots
of 10,001 – 20,000 sq. ft.;
maximum of 5 for each lot
over 20,000 sq. ft. 1
 Multiple family residential
use: 2 dogs and/or cats over
age 4 mos. per dwelling unit
1 Additional number of dogs and/or cats
may be considered through the
Conditional Use Permit (CUP) process.

P
_
P
_
P
P
_
P
Keeping of horses, llamas, donkeys,
mules, burros, or ponies on lots of 1
acre or greater in area; 1 animal per
each 10,000 sq. ft. of lot area, not to
exceed 6 animals per lot or project
P _ _ _
Keeping of exotic or wild animals CUP CUP CUP CUP
Accessory Dwelling Units:

Junior Accessory Dwelling Units
(JADUs) and Accessory Dwelling
Units (ADUs)
P1 P1 P1 P1
Caretaker’s or manager’s unit as part
of approved project
_ _ P1 P1
Board and room provided to not
more than 2 boarders per dwelling
unit

P P P P
Accessory Structures:

Animal enclosures - large animals
(barns, corrals, pastures, stables)
P1 _ _ _
Zone District R-L R-1 R-3 R-4
Animal enclosures – small animals
(dog houses, etc.)

P P P P
Decks, patios, gazebos (covered or
uncovered)

P P P P
Garages, attached or detached;
maximum one per dwelling unit,
maximum area of 10 percent of lot
area, not to exceed 1,500 sq. ft.,
provided that setbacks and open
space requirements are met.

P P P P
Guest house, with no kitchen
facilities
P1 P1 P1 (for
single
family use
only)
_
Signs, residential identification,
pursuant to Chapter 17.12 (Signs)

SP SP SP SP
Tennis court, play court, swimming
pool, jacuzzi, or other recreational
facility for use by residents
P1 P1 Singlefamily: P1
Multifamily: part
of PPR or
CUP1
Multifamily:
part of
PPR
Storage buildings or children’s play
house, for use by residents, not to
exceed 2 such structures and a total
of 1,000 square feet in area for each
single family use; for multi-family,
review as part of overall
development plan
P P Singlefamily: P
Multifamily: part
of PPR or
CUP
Multifamily:
part of
PPR
Accessory Commercial Uses:

Home occupation permit HOP HOP HOP HOP
Vacation rental VR VR VR _
Temporary Uses:

Special events SE SE SE SE
Construction staging area (on-site
only)

TUP TUP TUP TUP
Temporary construction office/trailer TUP TUP TUP TUP
Zone District R-L R-1 R-3 R-4
Temporary sales office/trailer/models TUP TUP TUP TUP
Caretaker’s or owner’s residence on
permitted, active construction site

TUP TUP TUP TUP
P = permitted use without land use approval; other permits may be required.

PPR = permitted subject to approval of a Plot Plan Review pursuant to Section 17.03.160.

CUP = permitted subject to approval of a Conditional Use Permit pursuant to Section 17.03.170.

TDH = permitted subject to approval of a Temporary Dependent Housing unit, pursuant to Section

17.25.130.

LFD = permitted subject to approval of a Large Family Day Care, pursuant to Section 17.03.260.

HOP = permitted subject to approval of a Home Occupation Permit, pursuant to Section 17.03.270.

VR = permitted subject to approval of a vacation-rental license in accordance with Chapter 4.01 of this code.

SE = permitted subject to approval of a Special Event Permit, pursuant to Section 17.03.300.

SP = permitted subject to approval of a Sign Permit, pursuant to Chapter 17.12.

TUP = permitted subject to approval of a Temporary Use Permit, pursuant to Section 17.03.290. 1 Subject to special development standards in this chapter. ̶ = Not permitted.

17.25.050 GENERAL STANDARDS FOR RESIDENTIAL DEVELOPMENT E. Requests for reasonable accommodations as required by fair housing law shall be subject to Section 17.03.350.

Table 17.25.050.A

GENERAL DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
Zone District R-L R-1 R-3 R-4
Lot Dimensions:

Minimum lot area (by General Plan
Land Use Designation; all areas net
unless otherwise indicated)
 Rural Residential
 Equestrian Estates
 Single Family Residential –2
 Single Family Residential –3
 Single Family Residential –4
 Multiple Family Residential
2 ½ ac.
gross
40,000 sq.
ft.
_
_
_
_
_
_
18,000 sq.
ft.
10,000 sq.
ft.
7,200 sq. ft.
_
_
_
_
_
_
7,200 sq.
ft.
_
_
_
_
_
40,000 sq.
ft.

Lot width (at required front setback)
 Interior lot
 Corner lot
100 ft.
100 ft.
60 ft.
65 ft.
60 ft.
65 ft.
60 ft.
65 ft.

Minimum street frontage (at front
property line)
50 ft. 35 ft. 50 ft. 50 ft.

Minimum flag lot frontage (at front
property line)
30 ft. 20 ft. 40 ft. 40 ft.

Minimum lot depth 100 ft. 100 ft. 100 ft. 100 ft.

Setbacks:

Front yard and street side yard
setback from property line:
 Adjacent to streets with 40 or
more feet of right of way 25 ft. 15 ft. 15 ft. 15 ft.

Zone District R-L R-1 R-3 R-4
 Adjacent to streets with less
than 40 feet of right of way
30 ft. 20 ft. 20 ft. 20 ft.

Interior side yard setback
 On lots 30 feet or less in
width
 On lots over 30 feet and up
to 60 feet in width;
 On lots over 60 feet and up
to 100 feet in width;
 On lots over 100 feet in
width
--
--
5 ft. + 10 ft.
10 ft.
3 ft.
5 ft.
5 ft. + 10 ft.
10 ft.
3 ft.
5 ft.
5 ft. + 10
ft.
10 ft.
_
_
5 ft. + 10
ft.
10 ft.

Rear yard setback 20 ft. 15 ft. 15 ft. 15 ft.

Other:

Building coverage (as % of total lot
area) (provided that all other
requirements, including open space,
are provided on the site)
30% 40% 60% 60%
Landscaped or natural open space (as
% of total lot area)
_ _ 35% 35%
Building height
 Principal dwellings
 Detached accessory
structures (not ADU’s)
- Flat roof
- Sloped roof
40 ft.
14 ft.
30 ft.
40 ft.

14.ft.
30 ft.
40 ft.
14 ft.
30 ft.
40 ft.
14 ft.
30 ft.

Minimum building envelope,
exclusive of setbacks and slopes
greater than 40%, with access and
adequate building area
2,000 sq. ft. 2,000 sq. ft. 5,000 sq.
ft.
5,000 sq.
ft.

17.25.200 AFFORDABLE HOUSING DEVELOPMENTS

2. In accordance with Program H2.3.1 of the General Plan Housing Element, affordable housing incentives shall be offered to promote establishment of affordable housing, which shall include the following:
a. A density bonus of no greater than 100 percent of the base density, as determined by the General Plan Land Use Map; the actual density bonus shall be based upon the number of units provided to households with very low income, lower income, and qualifying residents as defined in this section by State law (Government Code Section 65915 for density bonuses and other incentives). The density bonus may be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

Table 17.35.040.A

ACCESSORY USES AND STRUCTURES PERMITTED IN COMMERCIAL AND

PUBLIC ZONES

17.35.240 EMERGENCY SHELTERS
C. Emergency shelters are subject to the general development standards in Table 17.35.050.A.

In accordance with the authority granted to the City in section 65583(a) (4) of the Government Code, an emergency shelter must also meet the following development and management standards:

1. The shelter may serve no more than 6 persons beds per night. This standard shall be reevaluated at the City’s discretion based upon any changes in law or policy.

2. The shelter shall have not less than one parking space for each 250 square feet of gross floor area Parking for the shelter shall be provided as required for multiple family residential uses in Section 17.25.070, where number of beds would replace the number of bedrooms for the parking ratio. A 6-bed shelter shall require minimum of four (4) parking spaces. unless it is demonstrated to the City by credible evidence that a different parking ratio is appropriate based on the shelter’s demonstrated need.

17.35.250 LOW BARRIER NAVIGATION CENTERS
A. Purpose. The purpose of this chapter is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

B. Applicability. The provisions of this chapter shall apply to all low-barrier navigation center projects.

C. Permit Required. A planning permit is required prior to establishment of any low-barrier navigation center project meeting either of the following criteria. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.

D. Development and Operational Standards. A low-barrier navigation center development is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

1. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

E. Definitions.

1. Low-Barrier Navigation Centers. A housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(a) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (b) Pets.
(c) The storage of possessions.
(d) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

2. Use by Right. Use by right has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the California Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low-Barrier Navigation Center constructed or allowed by this section.

End of Exhibit A

EXHIBIT B
Zoning Map Excerpt, Proposed R-4 Zone
(On the Following Page and www.citybigbearlake.com/housingelement) ATTACHMENT 2
Rezone to R-4
APN 232-830-125
Rezone to R-4
APN's:
031-141-113
031-141-117
031-142-102
031-142-103
031-142-139
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
PARCELS PROPOSED TO BE REZONED FROM R-3 (MULTIPLE FAMILY RESIDENTIAL) TO R-4 (HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL):

PROPOSED ZONING
7/29/2022
Legend
Parcels proposed to be rezoned
Proposed Zoning
SOB Overlay District
R-1 SINGLE FAMILY RESIDENTIAL
R-3 MULTIPLE FAMILY RESIDENTIAL
R-4 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL
C-1 COMMERCIAL-SERVICE
C-2 COMMERCIAL-GENERAL
C-3 COMMERCIAL-VISITOR
C-4 COMMERCIAL-RECREATION
C-5 COMMERCIAL-INDUSTRIAL

P-OS PUBLIC/OPEN SPACE
/
ATTACHMENT 3

CEQA NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Planning Department County of San Bernardino City of Big Bear Lake
385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000
San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315
Project Title:

General Plan Amendment 2021-019, Development Code Amendment 2022-046 Project Location - Specific:

City-wide
Description of Project:

The City of Big Bear Lake has initiated the proposed amendments to process the state-mandated 2021-2029 Housing Element (6th Cycle) and implement several Housing Element programs to remain complaint and consistent with state law. Specifically, the project will implement Programs H1-A (Adequate Housing Sites), H1-B (Variety of Housing), Program H3-A (Development Review Procedures), H3-B (Emergency Shelters, Low Barrier Navigation Centers), and H6-B (Reasonable Accommodation). Implementation of these programs result in amendments to Chapters 17.02 (Definitions), 17.03 (General Procedures), 17.25 (Residential Zones) and 17.35 (Commercial and Public Zones) of Title 17 of the Municipal Code. In addition, implementation of Program H1-A and H1-B are in response comments from the California Department of Housing and Community Development (HCD), who has expressed concern over the overlay which allows a minimum density of 20 units per acre on six (6) sites that were approved in the 4th cycle (2008) and 5th cycle (2014) Housing Elements to provide adequate sites for the Regional Housing Needs Assessment (RHNA). Accordingly, the amendments will establish a new General Plan land use designation, High Density Residential, and a corresponding R-4 zone on the six (6) parcels, which are referred to as Assessor’s Parcel Number (APN) 311-411-13, 311-411-17, 311-421-02, 311- 421-03, 311-421-39, and 2328-301-25. The Amendments will replace the overlay with the R-4 zone and create a maximum density of 24 units per acre on the 6 sites. The applications are proposed concurrently, in order to meet both the State’s deadlines and timelines provided in Housing Element programs. Processing the applications concurrently also maintains consistency between the two documents. Therefore, by creating a maximum density of 24 units per acre in the R-4 zone, the project realizes a maximum buildout on each of the six R-4 sites. None of the proposed amendments would directly result in any physical development, nor will the proposed amendments result in any change to the built-out environment as envisioned by the General Plan.

Name of Public Agency Approving Project:

City Council, City of Big Bear Lake
Exempt Status: (check one) (State type and section number) XX Statutory Exemption. Section: 15061(b)(3)
Reasons why project is exempt:

General Plan Amendment 2021-019, Development Code Amendment 2022-046 Notice of Exemption
The recommended amendments involve a series of minor text changes to streamline several administrative processes, clarify Code language, and better alignment with State law. None of the proposed amendments would directly result in any physical development, nor will the proposed amendments result in physical development or any change to the built-out environment as envisioned by the General Plan or Development Code. Therefore, the proposed Development Code Amendments are not a “project” under Public Resources Code section 21065, and, in the alternative, are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3), the “common sense exemption,” where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Lead Agency or Contact Person: Area Code/Telephone/Extension Sue O’Strander (909) 866-5831
Date: ______________ Signature:_____________________________ ATTACHMENT 4

MEETING
DATE: September 19, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Kelly Ent, Acting City Manager
FROM: Sue O’Strander, Director of Community Development Ruth Lorentz, Principal Planner
SUBJECT: Resolution Approving General Plan Amendment 2021-019 and Ordinance Approving Development Code Amendment 2022-046, Pertaining to the Land Use Element, 2021-2029 Housing Element, and Corresponding Zoning Amendments

PROJECT DESCRIPTION
General Plan Amendment 2021-019 proposes an update to the General Plan Land Use and Housing Elements, and Development Code Amendment 2022-046 proposes corresponding amendments to the implementation document. The project will establish a new General Plan land use designation, High Density Residential, and a corresponding R-4 zone on six parcels, referred to as Assessor’s Parcel Number (APN) 311-411-13, 311-411-17, 311-421-02, 311-421-03, 311-421-39, and 2328- 301-25. Five parcels are located near the intersection of Eagle Ridge and Starvation Flats Road, and one located on the south side of Moonridge Road, just west of Evergreen Drive. All six parcels were identified in the 4th cycle (2008) Housing Elements adequate sites inventory, which established a Workforce Housing Overlay that allows a minimum of 20 units per acre on the sites.

The project will establish a new High Density Residential (HDR) land use designation under Policy L 1.1 to accommodate densities of 20 to 24 dwelling units per acre to encourage multifamily developments to meet the State housing goal requirements. The Development Code Amendment will include State-required implementation for requests for Reasonable Accommodation (Section

17.03.350 and 17.25.050.E), parking allowances for emergency shelters (Section 17.35.240.C.2), and Low Barrier Navigation Centers (Section 17.35.250 and Table 17.35.040.A). The Planning Commission considered these amendments at a public hearing on August 17, 2022, and recommended City Council approval.

BACKGROUND
The Housing Element is a State-mandated element of the General Plan, which must be updated every eight years and certified by the State Department of Housing and Community Development (HCD). Each eight years is a cycle, and the current period is referred to as the 6th cycle, covering 2021 through 2029. HCD reviews draft and adopted Housing Elements and issues opinions regarding compliance with State law. A finding of compliance by HCD is referred to as “certification” of the Housing Element. Certification determines the City’s eligibility for grant funds and supports local land use authority. State law established the deadline for submittal of 6th cycle Housing Elements as October 15, 2021, and a certification deadline of 120 days after the adoption. For the 6th cycle, the certification deadline was February 13, 2022.

The City began the process last year and adopted the 2021-2029 Housing Element on December 6, 2021, through Resolution No. 2021-141. The City anticipated that the Housing Element would be certified by February 13, 2022. Unfortunately, HCD gave the City new comments on March 11, 2022, necessitating further amendments to the adopted Housing Element. Since the City’s Housing Element was not certified by February 13, 2022, State law requires the City to make zoning changes by October 15, 2022. Upon receipt of HCD’s March letter, staff immediately prepared a schedule to accommodate the mandated deadlines as expeditiously as possible. A joint City Council/Planning Commission meeting was held on April 18, 2022, to review HCD’s comments and provide direction on the needed revisions. For reference, the following is a list of all public meetings that have occurred up to this point:
• February 17, 2021 Planning Commission/City Council Study Session #1 • April 20, 2021 Planning Commission/City Council Study Session #2 • July 19, 2021 City Council meeting (Authorized draft submittal to HCD for review) • November 3, 2021 Planning Commission (Recommended City Council adoption of draft) • December 6, 2021 City Council (Adoption of final draft/submittal to HCD for review) • April 18, 2022 Planning Commission/City Council Study Session #3 • August 17, 2022 Planning Commission (Recommendation to City Council) Copies of the 6th Cycle Housing Element, including most recent drafts and HCD comment letters, can be accessed on the city’s Housing Element website:
www.CityBigBearLake.com/HousingElement. It is also provided as Exhibit B to the resolution in Attachment 1.

After the April 18, 2022 joint study session, staff revised the Housing Element and submitted it to HCD for a 60-day review on June 7, 2022. HCD submitted two additional comments on August 5, 2022, requesting quantifiable metrics to be provided in the programs listed in Chapter II, challenges to be addressed in the specific needs section in Chapter III, and parcel identification for above moderate income category vacant sites to be specified. Pursuant to HCD’s direction, staff made the revisions and submitted them for an informal technical review. On September 8, 2022, HCD staff agreed that the final draft addressed the remaining comments and indicated the document was ready for a final review by HCD.

The draft presented to City Council is preliminary, in that it has not received formal acceptance (certification) from HCD. However, based on the numerous reviews with HCD staff, we are confident that the final draft will have no further corrections, or only minor edits which will not impact the programs and policies as presented. As such, staff prepared a resolution for City Council’s approval of the document with the stipulation that staff prepare minor revisions as necessary to comply with any further HCD comments. This will streamline the certification process and keep the City as close as possible to meeting the state deadlines. The Planning Commission reviewed this item on August 17, 2022, and took action to recommend that the City Council support the proposed General Plan Amendment and Development Code Amendment, related to the draft 2021-2029 Housing Element.

DISCUSSION
General Plan Housing Element
The draft 2021-2029 Housing Element is organized into the following five sections:

Section I Introduction; which explains the purpose of the Housing Element and that it must be consistent with other General Plan elements.

Section II Housing Action Plan; which contains the policies, goals and programs and addresses the public comments made and direction provided during the study sessions. In addition, this section has been revised to comply with state requirements raised in HCD’s letter pertaining to emergency shelters, low barrier navigation centers, affirmatively furthering fair housing, and housing for persons with disabilities. Two new policies were added in response to HCD’s March 2022 comments are H5.2 (Place-Based Improvements and H5.3 (Facilitate Tenant Protection Act Compliance).

Each program contains a timeframe, by which the program will be considered or implemented. Most of the programs contain actions that the City staff will administer, such as creating and maintaining an inventory of motel/cabins that can be converted to full-time housing (Program H2-B). Others, such as Program H1-B (Variety of Housing), H2-E (Accessory Dwelling Units and SB-9), H2-F (Employee Housing), H2-G (Incentives for Needed Housing), H3-A (Review and Update Development Review Procedures and Fees), H3-C (Transitional and Supportive Housing), and H4-A (Preservation of Affordable Housing Units will require collaboration with the community and possible City Council action.

Section III Housing Needs Assessment; which provides local demographic data and unique characteristics to assess Big Bear Lake’s housing needs. Examples include population trends, housing characteristics, income levels and distribution, age distribution, and special needs. The data is provided through SCAG’s Precertified Local Housing Data which was updated in April 2021. Local demographics have experienced minor changes since 2013 as compared to the rest of the SCAG region.

Section IV Resources and Opportunities; which analyzes the regional growth needs and presents opportunities in the areas of land resources, financial and administrative resources, and energy conservation.

Section V Constraints; which examines barriers to achieving regional housing needs, such as governmental constraints related to the City’s land use standards, permit requirements, and building codes; as well as non-governmental constraints such as financing and environmental factors.

The Appendices provide background data, including the status of current programs (Appendix A), sites inventory analysis (Appendix B), and public engagement (Appendix C). Appendix D, containing data for Affirmatively Furthering Fair Housing, was added in response to HCD’s March 2022 comments.

General Plan Land Use Element
Program H1-B of the Housing Element states:

The City of Big Bear Lake recognizes that increased density in multi-family zones produces housing that is affordable to a variety of income groups and commits to the following program actions:

The City will evaluate a minimum and maximum density increase to the R-3 zone in order to protect the R-3 zone from incompatible land uses and to encourage the development of multiple family housing. The City will review and revise, as appropriate, the Land Use Element and Development Code to support a variety of housing and establish density minimums or increases. The City will concurrently amend the Workforce Housing Sites (Table B-4) and amend the Land Use Element of the General Plan to create a High Density Multiple Family Residential land use designation and corresponding R-4 Multiple Family Residential zone. The R-4 zone will remove the 2-acre minimum lot size for these sites and will create a density range of 20 units/acre minimum and 24 units/acre maximum (which may be increased with affordable housing density bonuses).

To implement this Program H1-B, the Land Use Element must be amended to include a new land use designation. Accordingly, High Density Residential (HDR) will allow a density range of 20 to 24 units per acre. It should be noted that the existing Workforce Housing Overlay does not prescribe a maximum density, and allows only a minimum density of 20 units per acre. Proposed amendments to the General Plan Land Use Map will distinguish this land use from the existing Multiple Family Residential (MFR) land use designation. In order to preserve the intended use and housing density under the new HDR land use designation, single family residences, hotels and bed and breakfast establishments will not be allowed. The General Plan language for both the existing MFR designation and the proposed HDR (shown in underline) is provided below for reference:

Multiple Family Residential (MFR)
The Multiple Family Residential designation provides for residential uses with densities ranging up to a maximum of 12 units per acre. Typical primary uses within this designation include a variety of attached and detached dwelling unit types, including condominiums, apartments, duplexes, triplexes and fourplexes, and single family detached units (which may include manufactured housing) on the same lot or separate lots. Accessory uses may include keeping of domestic animals commonly kept as household pets, storage buildings, dependent housing units, vacation rentals and home occupations. Conditionally permitted uses may include schools, churches, and bed and breakfast establishments, hotels, motels, lodges, timeshare accommodations and other similar forms of commercial transient lodgings, and mobile home parks provided that the density of guest and dwelling units does not exceed 12 units per acre within this designation. This designation is appropriate within areas having existing or planned residential uses at densities over four units per acre, attached dwelling units and/or mobile home parks. The area must be served by adequate infrastructure and services needed to support this intensity of development. Access to supportive commercial services, transit lines and public services should be considered when evaluating location of this designation. At 2.5 persons per unit, and assuming a maximum buildout occupancy level of 50 percent permanent resident occupancy, this designation would yield a permanent population intensity of 9,600 persons per square mile or 15 persons per acre. Actual permitted density will be based upon site specific conditions, including parcelization, environmental constraints, and infrastructure conditions. A minimum of 35 percent of the lot must be landscaped open space.

High Density Residential (HDR)
The High Density Residential designation provides for residential uses with densities ranging from a minimum of 20 units per acre to a maximum of 24 units per acre. Typical uses within this designation include attached residential units, including condominiums, townhomes, and apartments. The designation is intended to encourage affordable and workforce housing development in order to meet regional housing needs assessments as established during housing element updates and meet State housing goals to provide housing for all. Accessory uses may include keeping of domestic animals commonly kept as household pets, storage buildings, and home occupations. Conditionally permitted uses may include schools and churches. The area must be served by adequate infrastructure and services needed to support this intensity of development. Access to supportive commercial services, transit lines and public services should be considered when evaluating location of this designation. At 2.5 persons per unit, and assuming a maximum buildout occupancy level of 50 percent permanent resident occupancy, this designation would yield a permanent population intensity of 19,200 persons per square mile or 30 persons per acre. Actual permitted density will be based upon site specific conditions, including parcelization, environmental constraints, and infrastructure conditions. A minimum of 35 percent of the lot must be landscaped open space.

The differences between the two designations include not only the density allowed, but also that lodging and single family uses will not be allowed in the HDR designation and its corresponding R-4 zone district. Program H1-B allows the City to further evaluate whether other incompatible land uses should be removed from the R-3 zone. At this time, staff does not have an inventory of the amount of lodging or residential uses existing in the R-3 zone, though we know that there are numerous single family uses in the R-3 zone, which would render many sites as legal nonconforming. However, the City may reconsider an evaluation of whether such steps to remove incompatible uses to be necessary for the preservation of multiple family uses at any time during this housing cycle. Each year the City must prepare a Housing Element Progress Report, and the City Council must review this report prior to submittal HCD in April. During this review, the City Council will receive the status of implementation of each program/policy, and staff may recommend a future amendment should the City Council agree to its necessity.

RHNA and Site Inventory
The 2021-2029 RHNA allocation assigned to the City of Big Bear Lake is 212 units and consists of:
50 very-low-income units
33 low-income units
37 moderate-income units
92 above-moderate-income units
The City must demonstrate that there are sufficient residential sites (vacant or underutilized) to accommodate the City’s RHNA share. A summary of residential sites is provided in Figure 1 below. (This figure corresponds to Table B-1 of Appendix B of the 2021-2029 Housing Element).

The site inventory must yield a realistic capacity to provide housing for the total of 83 very-low and low-income units. State law establishes a “default density” of 20 units/acre that is assumed to be appropriate for lower-income housing in small cities such as Big Bear Lake. The HDR designated and R-4 zoned sites are able to accommodate the very low- and low-income RHNA (83) based on a realistic capacity of 18 units per acre. HCD requires consideration of a realistic capacity when the City shows how RHNA can be accommodated. For example, a realistic capacity recognizes that sites may be subject to infrastructure improvements (roadway dedications, utility easements), which may reduce the available development area on the site.

Figure 1: Residential Sites Inventory
Income Category
Very Total
Low Low Moderate
Above
Moderate
Approved or pending projects 8 12 20
Vacant sites 50 35 34 1,000+ 1,119
Potential ADUs 3 6 6 1 16
Total 61 41 40 1,013 1,155
RHNA (2021-2029) 50 33 37 92 212
Adequate sites? Yes Yes Yes Yes Yes
Source: City of Big Bear Lake Community Development Dept., 2021 While the vacant sites are sufficient to provide higher density multiple family development, the six overlay sites have a current zoning designation of R-3, Multiple Family Residential. Based on the zoning, HCD is concerned that these six parcels allows a density range of 12 to 20 units per acre, rather than the State’s expected minimum density of 20 units/acre. According to HCD, this discrepancy results in low density projects which do not provide housing for lower-income households, and further reduces the inventory of available sites to accommodate the City’s RHNA allocation.

A further complication is that to qualify for the 20 unit density, the sites must be assembled to a minimum size of 2 acres. Most parcels are not quite 2-acres in size, and the previous Housing Element policy thought the adjacency to each other would encourage consolidation of lots, in order to benefit from the 20 unit/acre density. As the lot consolidation has not occurred, HCD sees the current minimum size standard as a land use constraint to providing lower income housing. In response, the City proposes to amend the General Plan to establish the HDR designation and the concurrent Development Code Amendment to create the corresponding R-4 zone district and removal of the 2-acre minimum. The new density for the sites will require 20 units minimum with a maximum of 24 units (per acre).

Development Code Amendment
Development Code Amendment will replace the Workforce Housing Overlay with a new R-4 High Density Residential zone district. In addition, the 2-acre minimum lot size requirement will be revised to include a minimum 1-acre lot size requirement. Each site is at least 1-acre in size. Other standards for the R-4 zone are proposed to remain similar to those in the R-3 zone. In the future, other sites may be rezoned to R-4 as needed and when appropriate in order to meet future RHNA.

Affordable projects which seek a density bonus will be subject to State criteria, and may yield a higher number of units on the R-4 sites. This range of density may yield the following number of units per site, as shown in Figure 2:

Figure 2: Minimum/Maximum Density and Realistic Capacity for New R-4 Zone APN Address Size
(AC)
20 Units/Acre
24 Units/Acre
Max
Density
Bonus (36)
31141117 0 Starvation Flats 1.03 19 23 36
31142102 0 Starvation Flats 1.51 25 31 49
31142103 0 Starvation Flats 1.02 19 23 36
APN Address Size
(AC)
20 Units/Acre
24 Units/Acre
Max
Density
Bonus (36)
31141113 390 Starvation Flats 1.50 28 34 52
31142139 360 Starvation Flats 1.08 17 21 33
232830125 42326 Moonridge Rd 3 54 66 102
TOTAL 9.14 162 198 308
With the concurrent zoning clarifications being made, HCD has no further comments on Program H1-B. The following matrix summarizes the Housing Element Programs with the corresponding Development Code Sections being amended through this application. The proposed Development Code text changes are provided in Exhibit A, and the zoning map excerpt in Exhibit B, of the attached Ordinance.

With the concurrent zoning clarifications being made, HCD has no further comments on Program H1-B. The following matrix summarizes the Housing Element Programs with the corresponding Development Code Sections being amended through this application.

Figure 3: Proposed Development Code Amendments

HOUSING

ELEMENT

PROGRAM
CODE

SECTION PROPOSED AMENDMENT
Program H3-B
Low Barrier
Navigation
Center
Section

17.02.030
Definitions
Low barrier navigation center as defined by California Government Code Section 65660; means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “ Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in dormitory setting or in larger rooms containing more than two beds, or private rooms.

Program H6-B
Reasonable
Accommodation

17.03.350
(General
Procedures)
Fair housing law requires that cities provide reasonable accommodation to rules, policies, practices, and procedures where such accommodation may be necessary to afford individuals with disabilities equal housing opportunities. Use HCD’s model ordinance to establish a procedure for such requests.

Programs H1-A,
Adequate
Housing
Inventory and
H1-B Variety of
Housing
Chapter 17.25
(Residential
Zones)

17.25.020.D
Add new R-4 zone district with a minimum density of 20 units per acre and a maximum density of 24 units per acre. (Corresponds to the 20/unit overlay sites for workforce housing that were approved during the 4th Cycle Housing Element).

17.25.030.A Add R-4 column. Prohibit commercial lodging in R-4.

17.25.040.A • Establish appropriate accessory uses in the R-4 zone. Prohibit vacation rentals in R-4.
• Remove the Large Family Daycare Permit requirement, to comply with SB 234 (2019)

HOUSING

ELEMENT

PROGRAM
CODE

SECTION PROPOSED AMENDMENT

17.25.050.A Apply development standards of R-3 to the R-4 zone. (Affordable housing projects may apply for density bonuses and receive concessions and waivers from parking and development standards).

Program H6-B
Reasonable
Accommodation

17.25.050.D Reference Section 17.03.350 (new section on processing reasonable accommodation requests).

Program H3-A
Development
Review
Procedures

17.25.200.A.2 • Remove references to obsolete Housing Element programs • Reference state law for density bonuses and incentives Program H3-B
Low Barrier
Navigation
Centers

17.35.040.A,

17.35.250
Add Low Barrier Navigation Centers to permitted uses in all C-1 through C-4 zones (all nonresidential zones which permit mixed uses or multifamily uses). Allowed by-right subject to compliance with state requirements in California Government Code Section 65660.

Program H3-B
Emergency
Shelters

17.35.240.C.2 Amend parking requirements. State law [Govt Code 65583(a)(4)] was amended in 2019 (AB 139) to limit parking requirements for emergency shelters to sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.

FINDINGS
The General Plan Amendment is consistent with other elements of the General Plan as summarized below.

POLICY # SUMMARY OR INTENT CONSISTENCY ANALYSIS
L 1.1
Adopt and maintain land use plan
depicting types and intensity of uses
permitted in the planning area.

Policy also clarifies that maximum
permitted density applies to any
given parcel of land.

The Housing Element does not propose increasing
density or rezoning of sites, maintaining the
existing General Plan Map Land Use Designations
and adding a new High Density Residential
designation to correspond to the new R-4 zone
which will replace the Workforce Housing
Overlay. This action will result in internal
consistency between the Housing Element and
Land Use Element, and between the General Plan
and Development Code. It further clarifies the sites
on the General Plan Land Use Map and Zoning
Map, because the current overlay is not clear and
leads to confusion about the minimum density
allowed and the land uses allowed on the sites.

Furthermore, the updates to the Land Use Element,
Zoning Map, and Development Code ensure that
the City is complying with the State law and the
State’s “default density” of 20 units per acre.

L 3.7 To support the provision of
affordable housing in the City
The Housing Element contains policies and
programs to encourage incentives for affordable
housing development.

EH 1.2
Encourage the rehabilitation of older
(pre-dating 1991) commercial
structures…to withstand major
Motel cabin conversions are encouraged and most
of these commercial structures pre-date the City’s
incorporation (1980). By promoting conversions to
POLICY # SUMMARY OR INTENT CONSISTENCY ANALYSIS
seismic events. full-time use, structural conditions will be improved and full-time living amenities, such as
kitchens, heating systems, laundry hook-ups, will
be required.

ER 1.1
The city shall act to reasonably
conserve habitat of special-status
species
The Housing Element’s analysis of vacant sites
removed vacant residential sites that are known for
special-status species or owned by conservation
groups.

PS 1.1
Assure the provision of adequate
public services and facilities for all
residents…now and in the future
The Housing Element analysis provides that
infrastructure is available to all residential sites
and the vacant sites analysis is provided for sites
that have access and infrastructure.

The Development Code Amendment is consistent with required findings, as provided under section 17.03.200.F of Title 17, to support recommendation of the proposed Development Code Amendment, as follows:

1. The proposed Development Code amendment conforms with the goals, objectives and policies of the general plan;
The proposed amendments would modify several sections of the Development Code with the intent to implement the Housing Element of the General Plan and comply with state mandates related to adequate sites for affordable housing development and RHNA, standards related to reasonable accommodation requests, emergency shelters, and low-barrier navigation centers. As such, the proposed amendment can be found in conformance with the general plan.

2. The proposed Development Code amendment is necessary to implement the general plan and to provide for public safety convenience and/or general welfare; As described above, the proposed amendment addresses several inconsistencies with State legislation. The amendment also includes opportunities to implement the Housing Element, specifically Housing Element Programs H1-A (Adequate Housing Inventory) and H1-B (Variety of Housing), which calls for amending the General Plan Land Use Element and Development Code Zoning to replace the Workforce Housing Overlay with an R-4 zone, establish the 20 units per acre as a minimum density and provide a maximum density of 24 units per acre because the overlay does not provide a maximum density. As such, the proposed amendment may be considered a step in furthering efforts to better implement the current general plan.

3. The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof; and The proposed amendment conforms with the intent of the Development Code and consistent with all other related provisions.

4. The proposed Development Code amendment is reasonable and beneficial at this time.

The proposed amendment formalizes the Workforce Housing Overlay as a new zoning district and brings several areas into compliance with State law and current practice. As such, the Development Code Amendment is considered to be reasonable and beneficial at this time.

PUBLIC OUTREACH & INPUT
The following public outreach events have occurred as part of the housing element update process:
- Planning Commission/City Council Study Session #1 February 17, 2021 - Presentation to the Board of Realtors April 2, 2021
- Planning Commission/City Council Study Session #2 April 20, 2021 - City Council Discussion/Submittal of Draft to HCD July 19, 2021 - Let’s Talk Workforce Housing Open House October 14, 2021 - Planning Commission hearing November 3, 2021
- City Council hearing December 6, 2021
- Planning Commission/City Council Workshop April 18, 2022 - Circulation of Draft Prior to Submittal to HCD May 27-June 3, 2022 - Circulation of Draft Prior to Submittal to HCD July 22-28, 2022 - Planning Commission hearing August 17, 2022
- City Council hearing September 19, 2022
- Circulation of Final Draft & HCD Submittal September 20, 2022 (Tentative) A webpage was created at www.citybigbearlake.com/housingelement and contains the current draft Housing Element, the 5th Cycle Housing Element, links to past meetings, Frequently Asked Questions (FAQs), a schedule, and links to other resources. AB 215, which took effect on January 1, 2022, requires cities to now make subsequent drafts available for public review, for 7 calendar days prior to submittal and resubmittal to HCD. The City made drafts available on the website and links to the drafts were emailed directly to the Housing Element contacts. The circulation dates are provide above and in the Housing Element Appendix C.

A legal advertisement and a box ad providing notification of the September 19, 2022, City Council hearing was published in The Grizzly on September 7, 2022. In addition, a notice was posted in three public places a minimum of 10 days prior to the hearing date. The agenda was distributed to Council members at least 72 hours in advance of the meeting, and through the City’s webpage, the meeting packet was available to the general public including those on the Housing Element email contact list (Housing Element Appendix C).

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

A recommended CEQA Notice of Exemption is attached.

RECOMMENATION
Staff recommends that the City Council open the public hearing, take public testimony, and make the following motions:

1. Find that General Plan Amendment 2021-019 and Development Code Amendment 2022- 046 are exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines; and

2. Adopt a Resolution approving General Plan Amendment 2021-019 to update the Land Use Element and the 2021-2029 Housing Element, and authorize staff to submit the Housing Element to HCD for review; and

3. Read the title, waive further reading, and introduce an ordinance to amend portions of the Development Code which implement several programs of the 2021-2029 Housing Element.

ATTACHMENTS

1. Resolution No. 2022-XX (General Plan Amendment 2021-19)

2. Ordinance 2022-XX (Development Code Amendment 2022-046)

3. CEQA Notice of Exemption

MEETING
DATE: October 3, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, 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 Jay Bird Lane Sanitary Sewer Main Replacement 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. Staff’s routine maintenance and inspection activities identified concerns with a sewer main located on Jay Bird Lane, between Tulip Lane and Edgemoor Road. This sewer main has considerable root intrusion and other defects that are impacting its operational function resulting in several backups and expenses related to property damage in recent years. Based upon these findings, a project was included in the Fiscal Year 2022-23 Capital Improvement Program (CIP) budget to repair this section of impacted sewer main.

On June 6, 2022, the City Council awarded a contract to Romans Construction for a project to remove and replace approximately 200 linear feet of sewer main along Jay Bird Lane in the amount of $80,318. This work has been completed to the satisfaction of City staff and it is recommended that the City Council adopt the proposed Resolution authorizing the filing of a Notice of Completion for this project.

DISCUSSION
The routine efforts of staff within the City’s Sanitation Division identified that more than 700 feet of sewer main along Jay Bird Lane were impacted by root intrusion causing the history of sewer backups along this line. Initially, staff proposed the replacement of the entire section of sewer main but upon further review determined that the issues could be alleviated by a combination of sewer lining and line replacement. There is an existing section of 8” sewer main (approximately 538 feet) that was identified to have a liner installed under a different project effort. The remaining 200 feet of impacted 6” sewer main would be replaced with a new 8” sewer main. These improvements would alleviate the impacts of the root intrusion and return the main to normal flow.

Staff undertook a competitive bid solicitation in accordance with the City’s purchasing policy and received three (3) bids for this project. On June 6, 2022, the City Council awarded a construction contract for this project to Romans Construction in the amount of $80,318. Romans initiated work on this project in July 2022.

As Romans Construction was excavating the street and replacing the pipeline, they identified concerns with five (5) existing sewer lateral connections in the street. These laterals were impacted with roots and were likely the source of the root impacts within the main line. Romans Construction proposed a price of $2,500 each, $12,500 total, to replace the lateral connections from the respective property lines to the new main. Staff authorized this work as the price was reflective of the condition in that the street was already excavated and these replacements would contribute to the overall goal of the project to eliminate the root intrusion issues.

Romans Construction has completed the replacement of the main line and added laterals to the satisfaction of staff. The construction efforts have been verified by Sanitation Division staff performing a CCTV inspection of the work. The street surface has been restored in accordance with the City’s pavement standards. Staff is recommending that the work of Romans Construction be accepted and that a Notice of Completion be filed for this project.

FISCAL IMPACT
The Jay Bird Lane Sanitary Sewer Main Replacement Project was included within the Fiscal Year 2022-23 Capital Improvement Program (CIP) budget with a total budget of $500,000 from the Sanitation Fund. The total cost of this project, including the additional $12,500 for lateral replacements, is $92,818 and funding is available within the adopted budget.

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).

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Authorizing a Notice of Completion for the Jay Bird Lane Sanitary Sewer Main Replacement 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 JAY BIRD LANE SANITARY SEWER MAIN

REPLACEMENT 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 2022-23 Capital Improvement Program (CIP) includes a project to repair an approximately 700 foot section of impacted sanitary sewer main along Jay Bird Lane; and,
WHEREAS, the sanitary sewer main along Jay Bird Lane is impacted by roots resulting in history of backups and staff’s preliminary plan was to replace the entirety of the main with a new 8” main; and,
WHEREAS, further review and design by staff determined that the issues could be alleviated by lining approximately 538 feet of the main under a different project and replacing the remaining 200 feet of main with a new 8” sewer main; and,
WHEREAS, on June 6, 2022, the City Council awarded a contract to Romans Construction for the Jay Bird Lane Sanitary Sewer Main Replacement Project which included the replacement of approximately 200 feet of sanitary sewer main on Jay Bird Lane with a total contract cost of $80,318; and,
WHEREAS, as work was underway, root intrusion issues were identified in five (5) lateral connections to the main, that were likely the source of the roots in the main, and Romans Construction proposed to replace the laterals from the main to the property line at a cost of $2,500 each; and,
WHEREAS, staff authorized the work to be performed on the lateral connections as it would contribute to the overall goal of the project which was to eliminate the root intrusion issues; and, WHEREAS, the complete contract cost of $92,818, includes all completed work and funding was approved within the Fiscal Year 2022-23 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 Jay Bird Lane Sanitary Sewer Main Replacement 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 3rd day of October, 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 3rd day of October, 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 SEPTEMBER 2, 2022

9. The work of improvement completed is described as follows: JAY BIRD LANE SANITARY SEWER MAIN

REPALCEMENT PROJECT

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

CONSTRUCTION

11. The street address of said property is JAY BIRD LANE FROM TULIP LANE TO EDGEMOOR ROAD

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)

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. As a part of street maintenance and construction activities, sanitary sewer manhole covers are often buried within the street pavement. For example, when an asphalt overlay is being completed on a street, the manholes will be lowered, paved over, and subsequently be readjusted to the new road grade. Over time, several sanitary sewer manholes throughout the City have been lowered and left buried below the pavement surface. In 2021, staff determined that there were approximately eighty-six (86) sanitary sewer manholes buried below pavement surfaces across the City and, in order to remedy these conditions, a project to adjust and reset these manhole covers was included in the Fiscal Year 2021-22 Capital Improvement Program (CIP) budget.

The City Council awarded a construction contract for this project to Torres Sanitation Systems Construction (South Gate, CA) on August 2, 2021 at the conclusion of a public bid solicitation.

Upon the award of contract, staff learned of considerable delays in the delivery of the new manhole lids that were to be installed as a part of this project. Torres Sanitation Systems Construction was willing to honor the contract and pricing and while waiting for the manhole covers which eventually arrived in the spring of 2022. Torres Sanitation Systems Construction successfully completed the project in the summer of 2022 and a Notice of Completion shall be filed for this project.

DISCUSSION
The City’s sanitary sewer system contains, amongst other elements, more than 3,000 manholes.

Often, during street construction activities, these manholes get buried below the paved surface and are not always reset properly. In 2021, staff identified approximately eighty-six (86) manhole covers that were buried below grade and recommended a Capital Improvement Program (CIP) project to adjust and reset them appropriately. The project would involve the raising of the manhole to grade and installing a new standard manhole cover at each location.

On August 2, 2021, the City Council awarded a construction contract to Torres Sanitation Systems Construction for this project in the amount $74,994 which was approximately 12% below the engineer’s estimate for this project. Upon the award of contract, staff was informed of delays in the delivery of the new manhole covers which are produced in South America. The supply chain issues that were prevalent at this time delayed the delivery of the covers until the spring of 2022.

Torres Sanitation Systems Construction was willing to honor the contract and the associated pricing while awaiting the delivery of the materials.

Torres Sanitation Systems Construction undertook the project in the summer of 2022 and successfully completed the work in August 2022. As work was progressing, staff identified ten (10) additional locations that were not included within the original contract documents but the manholes were in need of adjusting. Torres was willing to address these locations while they were undertaking this project at a total additional cost of $11,000. The project adjusted a total of ninetysix (96) sanitary sewer manholes to the appropriate grade of the street.

FISCAL IMPACT
The Sanitary Sewer Manholes to Grade Project was included in the approved Fiscal Year 2021-22 Capital Improvement Program Budget. Given the delays in undertaking the project, the funding was carried over to Fiscal Year 2022-23. The total project cost was $85,132 and sufficient funding is available within the CIP budget with the specific 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).

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Authorizing a Notice of Completion for the Sanitary Sewer Manholes to Grade 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 SANITARY SEWER MANHOLES TO GRADE 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, during street maintenance and construction activities manhole covers are often buried within the pavement and in 2021, staff identified approximately eighty-six (86) locations where the manhole covers were left below the paved surface and were in need of adjustment; and, WHEREAS, staff recommended the inclusion of a project in the Fiscal Year 2021-22 Capital Improvement Program budget that would adjust the manholes to grade and replace the covers with a new City standard manhole cover; and,
WHEREAS, on August 2, 2021, the City Council awarded a construction contract to Torres Sanitation Systems Construction (South Gate, CA) for this project in the amount of $74,994; and, WHEREAS, upon the award of the construction contract, staff learned of supply chain issues that delayed the delivery of the manhole covers until the spring of 2022; and, WHEREAS, Torres Sanitation Systems Construction was willing to honor the contract and the contract pricing and await the delivery of the manhole covers; and, WHEREAS, work commenced on the project in the summer of 2022 and was successfully completed in August 2022; and,
WHEREAS, during construction, staff identified ten (10) additional locations where the manholes were in need of adjustment but were not included within the project contract and Torres Sanitation Systems Construction adjusted the additional manholes at a total cost of $11,000; and, WHEREAS, the project adjusted a total of ninety-six (96) manhole covers at a total cost of $85,132, funding for which is available in the approved CIP budget sourced 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 Sanitary Sewer Manholes to Grade 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 3rd day of October, 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 AUGUST 26, 2022

9. The work of improvement completed is described as follows: SANITARY SEWER MANHOLES TO GRADE

PROJECT

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

SANITATION SYSTEMS CONSTRUCTION

11. The street address of said property is VARIOUS LOCATIONS THROUGHOUT THE CITY OF BIG BEAR LAKE

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: October 3, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Kelly Ent, Director of Administrative Services
SUBJECT: Resolution Authorizing the Award of an Agreement to A-Performance Towing, Inc. for Vehicle Towing and Impounding Services

BACKGROUND
On August 2, 2022, the City released a Request for Proposals to provide towing and impounding services for the 2022-23 winter season. The closing date to submit proposals was September 15, 2022. Three proposals were received and evaluated. It is recommended that a professional services agreement be executed with A-Performance Towing, Inc. to provide towing and impounding services for the period beginning November 1, 2022 through March 31, 2023.

DISCUSSION
The City has contracted for towing and impounding services during the winter season for the past five years. Having these services readily available allows for more efficient and effective clearing of snow from the roadways. As described in the Request for Proposals, the towing company is required to maintain facilities sufficient to accommodate impounded vehicles and must have the necessary equipment and personnel available when needed to clear roadways for snow removal operations to take place.

In response to the Request for Proposals released on August 2, 2022, three entities submitted proposals. Each of those proposals were evaluated based on experience, ability and approach to provide the requested scope of services, estimated fees and costs, and conformance with the Request for Proposals. The proposal from A-Performance Towing, Inc. meets the requirements of the solicitation, and this company has successfully provided these services to the City for the last three seasons. A-Performance Towing, Inc. is proposing to provide these services for the period from November 1, 2022 through March 31, 2023 for monthly fee of $7,500. This fee remains unchanged since 2019 and will ensure that the facilities, equipment and personnel necessary to provide uninterrupted service are available throughout the entire period of snow plowing operations and have been included in the adopted budget. All other fees will be borne by the vehicle’s registered owner.

FISCAL IMPACT
There is no fiscal impact associated with awarding this contract. The Fiscal Year 2022-23 adopted budget includes an appropriation for these services.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under California Environmental Quality Act.

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Authorizing the Award of an Agreement to A-Performance Towing, Inc. for Vehicle Towing and Impounding Services.

ATTACHMENTS

1. Resolution No. 2022-XX

2. Request for Proposals
ATTACHMENT 1

RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING THE AWARD OF AN AGREEMENT
TO A-PERFORMANCE TOWING, INC. FOR

VEHICLE TOWING AND IMPOUNDING SERVICES
WHEREAS, snow removal operations are essential to protecting the public’s health, safety and welfare throughout the winter season; and
WHEREAS, to ensure efficient and effective snow removal operations, parking restrictions during snow conditions do not allow vehicles to be parked on City streets; and WHEREAS, to ensure safe passage of snow removal equipment and the removal of snow from roadways, vehicles parked on City streets may need to be towed and stored; and WHEREAS, limited resources are available during the winter season to provide towing and impounding resources; and
WHEREAS, on August 2, 2022, the City released a Request for Proposals to secure towing and impounding services; and
WHEREAS, from the proposals received, A-Performance Towing, Inc. has been selected to provide these services beginning November 1, 2022 through March 31, 2023 at a cost of $7,500 per month; and
WHEREAS, the adopted budget for Fiscal Year 2022-23 includes an appropriation for towing and impounding services.

NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that a professional services agreement with A-Performance Towing, Inc. for towing and impounding services for the winter season beginning November 1, 2022 through March 31, 2023 at a cost of $7,500 per month is hereby authorized.

PASSED, APPROVED AND ADOPTED this 3rd day of October, 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

REQUEST FOR PROPOSALS
FOR

VEHICLE TOWING AND IMPOUNDING SERVICES
Submission Deadline: September 15, 2022
Submit Proposals to: City of Big Bear Lake
Attn: City Clerk
39707 Big Bear Boulevard
Post Office Box 10000
Big Bear Lake, CA 92315-8900

TABLE OF CONTENTS
FOR

VEHICLE TOWING AND IMPOUNDING SERVICES
NOTICE INVITING PROPOSALS Page 2
SCOPE OF SERVICES Pages 3 – 4
INSTRUCTIONS TO PROPOSERS Pages 4 – 10
NON-COLLUSION AFFIDAVIT Page 11
PROPOSAL RESPONSE FORM Page 12
ATTACHMENTS:

A – AGREEMENT FOR PROFESSIONAL SERVICES
2 CITY OF BIG BEAR LAKE

NOTICE INVITING SEALED PROPOSALS
NOTICE IS HEREBY GIVEN that separate sealed proposals will be received at the office of the City Clerk, 39707 Big Bear Boulevard, Post Office Box 10000, Big Bear Lake, California, phone (909) 866-5831, until 2:00 PM on September 15, 2022, for the provision of the following:

VEHICLE TOWING AND IMPOUNDING SERVICES
Detailed information may be obtained from the Code Compliance Division, 39707 Big Bear Boulevard, Big Bear Lake, California, phone (909) 866-5831, or our website, citybigbearlake.com. All proposals must strictly comply with this Notice Inviting Sealed Proposals. All proposals must be sealed and clearly identify the proposal title, proposer name, and address.

The City of Big Bear Lake reserves the right to reject any and all proposals and to waive minor irregularities, to accept any proposal or portion thereof, and to take all proposals under advisement for a period of ninety (90) days. No bid surety is required.

The City of Big Bear Lake hereby notifies all proposers that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for the award.

CITY OF BIG BEAR LAKE
DATED: August 2, 2022
PUBLISH: August 10, 2022
Q&A: September 1, 2022 (answered online)
CLOSING: September 15, 2022
3 SCOPE OF SERVICES

BACKGROUND INFORMATION
The City of Big Bear Lake Code Compliance Division is seeking a qualified California Highway Patrol (CHP) approved tow company with a CHP approved tow yard that will provide at least one tow driver and four-wheel-drive tow vehicle dedicated to providing vehicle towing and impound services to the City of Big Bear Lake through the duration of snow plow operations being conducted by the City.

SCOPE OF SERVICES
The proposal shall include all items defined below:

1. A dedicated tow truck and tow truck operator for the City of Big Bear Lake during the winter months from November 1st of the current year to March 31st of the following year.

2. During the entire term of this agreement, Provider will maintain such facilities, equipment, and personnel necessary to provide City with uninterrupted vehicle tow services for the entire period of snow plow operations conducted during legally declared snow conditions. In consideration therefore, City will pay to Provider a mandatory "Snow Plow Operations Standby Fee" of ___________ per month for the months of November thru March of the following year, said fee to be paid to provider on or before the 15th day of each month.

3. During the entire term of this agreement, Provider will dedicate for service to the City, at a minimum, one four-wheel-drive tow truck and tow truck operator. Provider shall ensure that said tow truck and operator are available to City, on an on call basis, 7 days a week and 24 hours a day for removal of vehicles hindering snow plow operations during legally declared snow conditions.

4. During the entire term of this agreement, Provider will maintain sufficient vehicle storage space at Provider's CHP approved vehicle impound yard. Provider will accommodate All vehicles towed from City’s streets during snow plow operations at their impound yard. Costs associated with the storage of a legally towed vehicle shall be borne by the vehicle owner and City assumes no financial responsibility for said costs. 4 5. Provider will station said tow truck and tow truck operator at a central location within the City of Big Bear Lake. The dedicated truck should arrive within 20 minutes of a phone call from the City, depending on severity of weather conditions and number of vehicle tow requests by City within a short time frame. Provider will strive to provide additional tow trucks and drivers on an “as needed” and “when available” basis. City shall incur no financial responsibility for additional tow truck and driver services supplied by Provider on an “as needed” and “when available” basis.

6. During the entire term of this agreement, provider shall maintain such facilities, equipment and personnel necessary to provide city with uninterrupted vehicle tow services for the entire period of snow plow operations conducted during legally declared snow conditions.

INSTRUCTIONS TO PROPOSERS
PROPOSER’S EXAMINATION
Before submitting a proposal, the proposer shall carefully examine the scope of services and other contract documents, and ensure that he/she has a clear understanding of the requirements of the contract work regarding the performance of work.

REVIEW OF SAMPLE AGREEMENTS
All proposers are advised to review the attached sample Agreement. Conflict of Interest, Business License, and Confidentiality clauses are listed below, respectively:

1. Awarded bidder (CONSULTANT) shall be prohibited from performing, and agrees not to perform any

2. CONSULTANT shall, for the entire term of the Agreement, hold a valid business license from the City of Big Bear Lake.

3. CONSULTANT recognizes that CITY has and will have information regarding CITY operations pertaining to the Winter Operations Program, and/or persons or entities who are inspected pursuant to or who are subject to the Program without limitation, including staffing, computer tracking, supervision, implementation, and enforcement information, (collectively, “Information”) which is valuable, special and a unique asset of CITY.

CONSULTANT agrees that CONSULTANT shall not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any Information to any third party without the prior written consent of CITY. CONSULTANT shall protect Information and treat it as strictly confidential. A violation by CONSULTANT of this 5 paragraph shall be a material violation of this Agreement and will justify termination of the Agreement.

INTERPRETATION OF PROPOSAL AND DOCUMENTS
If any person contemplates submission of a proposal for the proposed contract and is in doubt as to the true meaning of any part of the scope of services, or other proposed contract documents, or finds discrepancies in, or omissions from the proposal, he/she may submit to the Code Compliance Division a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents.

The Code Compliance Division will not be responsible for any other explanation or interpretations of the proposed documents.

LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to proposals for contracts of this nature whether the same are expressly referred to herein or not. Any person submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in scope of services, contract documents, and to full compliance therewith.

WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the proposer. Such requests must be delivered to the Code Compliance Division’s designated official prior to the submission deadline stipulated in the "Notice Inviting Sealed Proposals." The withdrawal of a proposal will not prejudice the right of the proposer to submit a new proposal, providing there is time to do so.

DELIVERY OF PROPOSAL
Proposals may be mailed or delivered by messenger. However, it is the proposer's responsibility alone to ensure delivery of the proposal to the hands of the Code Compliance Division’s designated official prior to the proposal submission deadline stipulated in the "Notice Inviting Sealed Proposals." Late proposals will not be considered. Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "Vehicle Towing and Impounding Services."

NON-COLLUSION AFFIDAVIT
The proposer shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of, the City of Big Bear Lake is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a proposal for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal. 6 AWARD OF CONTRACT
Issuance of this RFP and receipt of proposals does not commit the City to award a contract. The City reserves the right to reject any or all proposals, to accept any proposal or portion thereof, to waive any irregularity, and to take the proposals under advisement for the period of time stated in the "Notice Inviting Sealed Proposals," all as may be required to provide for the best interests of the City of Big Bear Lake. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the proposer to whom the award is contemplated.

Reasons for disqualification of any proposal include, but are not limited to the failure to adhere to or meet the following requirements:

1. All bidders shall acquire a valid business license from the City of Big Bear Lake prior to execution of an agreement.

2. All bidders shall provide valid and current certificates of insurance as stated in Section titled ‘Insurance’ in this Request for Proposal prior to execution of an agreement.

No person may withdraw his proposal for a period of ninety (90) days after the time set for opening thereof.

ADDENDA OR BULLETINS
All proposers are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each proposer shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect of all addenda to the contract documents shall be considered in the proposal, and said addenda shall be made a part of the contract documents and shall be returned with them. Failure to cover in the proposal any such addenda issued may render the proposal irregular and may result in its rejection by the City.

WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.

In accordance with this section and with Section 1861 of the State Labor Code, the Consultant shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to the City of Big Bear Lake along with the other required contract documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.
7 INSURANCE
Prior to the commencement of any services hereunder, the Consultant shall provide to the City certificates of insurance with the City named as additional insured for the items listed below:

1. Worker's compensation insurance covering all employees of the Consultant, in a minimum amount of $1 million per accident, effective per the laws of the State of California;

2. Commercial general liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 million combined single limit per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit;

3. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $5 million combined single limit per accident for bodily injury and property damage.

4. Garage Keeper’s Insurance covering vehicles in the care, custody, or control of the Consultant in an amount no less than the value of all vehicles in the custody of the Consultant.

Such policies shall be subject to approval by the City and shall require fifteen days’ notice to the City before any cancellation. Failure to furnish such evidence, if required, maybe considered default of the Consultant.

TWO SEALED ENVELOPE PROPOSAL
The proposal must include a two-sealed envelope response. The first sealed envelope must contain three (3) copies of the proposal and be clearly marked as "Vehicle Towing and Impounding Services."
The second sealed envelope must include all fee information as requested in the Request for Proposal and be clearly marked as "Professional Fee."

PROPOSAL SUBMITTAL INFORMATION
General guidelines for submittal of a proposal shall be governed by the following:

A. Submittal of Proposal: Three (3) copies of the proposal shall be submitted in response to this RFP. The proposal shall be submitted no later than 2:00 PM on September 15, 2022 and be addressed as follows:
8 City of Big Bear Lake
Attn: City Clerk
39707 Big Bear Boulevard
Post Office Box 10000
Big Bear Lake, CA 92315-8900
Late submittals will not be considered. Fax submittals will not be accepted.

B. Examination of the content of the RFP: By submitting a response, the Consultant represents that it has thoroughly examined and become familiar with the contents of this RFP and conditions of the standard City contract documents (Consultant Services Agreement) (attached), and that it is capable of performing quality work to achieve the City of Big Bear Lake’s objectives. Consultant must be CHP approved and operate a CHP approved impound yard. Documentation verifying that the Consultant is capable of performing the services defined herein shall be submitted with their RFP response.

C. Pre-Contractual Expenses: The City shall not be liable to pay any cost incurred by any firm or persons in submitting a proposal in response to this request for proposal.

RESPONSE TO PROPOSAL
Each Consultant's proposal shall use the following format guidelines:

A. Introduction: Proposals shall be typed and submitted on 8½” x 11” paper, using a simple method of fastening. The proposal shall not include any unnecessary, elaborate or promotional material. Excessive lengthy narrative is discouraged; presentation shall be clear and concise.

At a minimum, the proposal must contain the following:

1. The Methodology/Approach proposed for the work as defined in the Scope of Services.

2. Acknowledgment of the receipt of RFP addenda if any; and

3. The name of the offering firm, or person, and a full mailing address and telephone number and fax number. The name of the Project Manager, Inspector, Individual Project Team Members. The areas of responsibility of each Team Member shall also be listed.

D. Qualifications: The overall capabilities of the consultant’s organization should be discussed in this section. Include a brief summary of the firm’s history, its recent related experience, top-level management, ability of persons assigned to perform the work, and possession of appropriate license and CHP approvals. The Consultant’s proposal shall include 9 documentation verifying licensing, CHP approvals and/or experience requirements as identified in this section.

B. Personnel: This section must delineate the experience and/or background of the personnel and an organization chart.

C. Reference: List three (3) former clients for whom comparable services have been performed within the last five (5) years. Include the name, mailing address, and telephone number of each client’s principal representative.

D. Authorization: The proposal shall be signed by an official authorized to bind the firm and shall contain a statement to the effect that the proposal is valid for ninety (90) days.

E. Insurance: Insurance certificates are required prior to contract execution. Special attention is directed to review the indemnification and insurance requirements in the Consultant Services Agreement. Proposal must state that Consultant has read the City of Big Bear Lake’s indemnification and insurance requirements and shall meet these requirements upon selection.

F. Professional Fee: Fees and Total Costs for the Vehicle Towing and Impounding Services shall be identified by individual service as “lump sum” or “per each” cost in a complete fee schedule. Fee schedule shall be included which will be valid for at least one (1) year from the effective date of the Agreement.

EVALUATION AND SELECTION PROCESS
Each Consultant responding to the Request for Proposal will be evaluated on each element of the Scope of Services and general information described above in the following order:

1. Review of the experience and ability of the Consultant Project Team to provide City Vehicle Towing and Impounding Services.

2. Review of the methodology/approach proposed by the Consultant.

3. Review of the estimated fees and costs.

4. Conformance with requirements stated in this Request for Proposals.

A. Submittal Review: The Director of Community Services will review and evaluate each submittal to determine if it meets the requirements contained in the RFP. Failure to meet the requirements will be cause for eliminating the Consultant from further consideration.

B. Oral Interview: Consultants meeting the submittal requirements may be requested to participate in an oral interview at City’s discretion. Consultants will be notified in writing of the hour and place for the interview. Failure to appear for the oral interview will be cause to disqualify the firm from further consideration.
10 C. Selection: Based on the Manager of Tourism Management’s evaluation and utilizing the RFP’s scoring method (attached) of each Consultant’s written qualifications and oral interview, the firms will be ranked by the evaluation committee.

CONTACTS
Technical Inquiries:

Jack Greenberg
Manager of Tourism Management
(909) 866-5831
Finance Inquiries:

Kelly Ent
Director of Government Services
(909) 866-5831
11 NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
)
COUNTY OF ______________________________)

_____________________________________________, being first duly sworn, deposes and says (Name of Affiant)
that he\she is ________________________________ of __________________________________ (Title) (Name of Bidder)

the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
____________________________________
(Signature)
____________________________________
(Typed Name)

SUBSCRIBED BEFORE ME on this __________ day of _______________________2022. ____________________________________
Notary Public
My Commission Expires:
____________________
12 CITY OF BIG BEAR LAKE

PROPOSAL RESPONSE FORM
FOR

VEHICLE TOWING AND IMPOUNDING SERVICES
Bidders are required to complete all required pages and return the proposal packet in a sealed envelope to the Office of the City Clerk, 39707 Big Bear Boulevard, California, by not later than 2:00 PM on September 15, 2022.

TO: CITY OF BIG BEAR LAKE

FROM:

Company Name
Address

Phone Number Fax Number
Authorized Signature Title
Print Name Date
Bidder acknowledges by signature and agrees to be bound by the terms and conditions set forth in the contract documents. Failure to comply with the aforementioned may result in disqualification of the proposal. The above-signed agrees to provide a service to the City of Big Bear Lake for VEHICLE TOWING AND IMPOUNDING SERVICES with the conditions set forth in the attached documents in detail without exceptions other than by mutual agreement. 13 Big Bear Lake Professional Services Agreement
This Agreement is made and entered into as of ________________, 20____ by and between the City of Big Bear Lake, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 39707 Big Bear Boulevard, Big Bear Lake, California 92315 (“City”), and ___________________, a _____________________ with its principal place of business at __________________________________________ (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Vehicle Towing and Impounding Services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” [Alternatively, Scope of Services can be included here and all subsequent exhibits renumbered accordingly.]

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” [Alternatively, Schedule of Charges may be included here and all subsequent exhibits renumbered accordingly.] b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ . This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic

ATTACHMENT A
14 payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term.

The term of this Agreement shall be from November 1, 2022 to March 31, 2023, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall be prepared and ready to commence performance on November 1, 2022.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. 15 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
16 (5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. 17 Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Garage Keeper’s Liability
At all times during the performance of the work under this Agreement, the Consultant shall maintain garage keeper’s liability, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance provides coverage of all vehicles in the care, custody, or control of the Consultant.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $5,000,000 per occurrence for bodily injury and property damage
Employer’s Liability/Worker’s
Compensation $1,000,000 per occurrence
Garage Keeper’s Liability $1,000,000 per occurrence/loss (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein.

Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant 18 shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
19 (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

13. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be 20 brought in a state or federal court situated in the County of San Bernardino, State of California.

14. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

15. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

16. Organization
Consultant shall assign _________________________ as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

17. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

18. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Big Bear Lake
39707 Big Bear Boulevard
CONSULTANT:
21 Big Bear Lake, California 92315
Attn: Jack Greenberg
Manager of Tourism Management
and shall be effective upon receipt thereof.

19. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

20. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

21. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

22. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

23. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

24. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

25. Time of Essence
22 Time is of the essence for each and every provision of this Agreement.

26. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

27. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
23 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF BIG BEAR LAKE
AND
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF BIG BEAR LAKE
By: By:

Jack Greenberg
Manager of Tourism Management Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
24 EXHIBIT “A”

SCOPE OF WORK
The CONSULTANT shall provide the following Services to CITY, in the manner provided herein:

1. From November 1st of the current year through March 31st of the following year, Consultant shall manage scheduling, resources and facilities as necessary to insure availability of fourwheel-drive tow truck, tow truck operator and impound yard capacity as necessary to provide City with uninterrupted vehicle tow services for the entire period of snow plow operations conducted during legally declared snow conditions.

2. From November 1st of the current year through March 31st of the following year, Consultant shall ensure that said tow truck and tow truck operator are available to City, on and on call basis, 7 days a week and 24 hours a day for removal of vehicles hindering snow plow operations during legally declared snow conditions.

3. From November 1st of the current year through March 31st of the following year, Consultant shall maintain sufficient vehicle storage capacity at contractors CHP approved impound yard to accommodate ALL vehicles towed from City’s streets during snow plow operations.

Costs associated with the towing and storage of legally cited and towed vehicles shall be borne by the vehicle owner and City assumes no financial responsibility for said costs.

4. From November 1st of the current year through March 31st of the following year, Consultant shall manage scheduling, resources and facilities as necessary to insure dispatch of said tow truck and operator to the location of the requested City tow within twenty (20) minutes of receipt of City’s call for tow services. Allowances for longer response times may be accommodated in consideration of severe weather conditions, roadway conditions and number of City requested vehicle tows.

5. CONSULTANT shall perform the services in a professional manner.

6. If CONSULTANT receives complaints from the owner or operator of a towed vehicle pertaining to any aspect of the citation, tow or impound of the towed vehicle, CONSULTANT shall convey those complaints immediately to CITY’S Code Compliance Division, along with names and phone numbers of the complainant(s).

7. If CONSULTANT wishes to recommend procedural changes in the project or services, these shall be submitted in writing to the CITY’S Director of Development Services.

CONSULTANT shall not alter procedures without authorization from CITY.

8. CONSULTANT shall meet with the Director of Development Services as deemed necessary by CITY to review procedural issues, protocol and status of the project or services. 25 VEHICLE TOWING AND IMPOUNDING SERVICES

RFP EVALUATION AND SCORING SHEET
Firm Name: __________________________________________________________ Maximum Points Awarded Points
Experience and ability 25 _____________
Proposed methodology 25 _____________
Estimated fees and costs 25 _____________
Conformance with stated requirements 25 _____________
TOTAL 100 _____________
COMMENTS:
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ RATER: _____________________________________
26 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

MEETING
DATE: October 3, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager

FROM: Sean Sullivan, Director of Public Services
Israel Gomez-Rosales, Associate Engineer
SUBJECT: Resolution Approving Private Property Improvements and Settlement Agreement & Release Associated with the Moonridge Corridor Improvements Project

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). This 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 ongoing improvements were designed and are being constructed in consideration of the existing properties and land uses along the Moonridge Corridor, however, the construction has resulted in impacts to certain properties within the project area.

As the Moonridge Project has been underway, the improvements have demonstrated impacts to certain private properties that are immediately adjacent to the corridor. The impacts range from the loss of driveway access and parking, disruption of ingress and egress to commercial property, and the loss of functional usage of a garage. As these impacts manifested themselves, staff has been in close communication with the private property owners to discuss plans and opportunities to mitigate and correct the impacts. Ultimately, staff and several property owners have agreed to several improvements to be made to the properties to mitigate the impacts of the Moonridge Project. To appropriately document these agreements, the City Attorney’s office has developed the attached Settlement Agreement & Release that will allow for the completion of the stipulated improvements and release the City from any future claims resulting from the impacts of this project. The proposed resolution for the City Council’s consideration will approve the form of this agreement and authorize staff to undertake the necessary improvements at the identified properties.

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. While the improvements are public by their nature they have resulted in impacts to certain private properties that line the Moonridge Corridor. For example, the construction of some portions of the sidewalk has eliminated access to onsite parking for certain properties. Additionally, the widened sidewalks, bicycle trail, and landscaped parkways have eliminated driveway access for most properties that front the north side of the corridor. The impacts of the loss of driveway access range from the loss of flat, open parking, impacted ingress and egress from commercial properties, and the loss of utility of a residential garage.

As the impacts have come to light and manifested themselves, project management staff has been in close communication with the property owners to discuss possible mitigation efforts and opportunities to offset the impacts of the project. Staff has approached these interactions from the perspective of not wanting to see the impact and value of the Moonridge Corridor Improvements Project diminished due to the impacts it causes on surrounding property owners. From this perspective, staff has identified a number of improvements that are acceptable to the property owners to mitigate these impacts.

The identified improvements, which will be specific to each property include the construction of flatwork to improve parking and access, such as improved driveway approaches and paving previously unimproved areas to provide for enhanced access from the rear of the properties or to offset lost parking from the front of the properties. Additionally, striping and signage will be enhanced as the ingress and egress from certain properties will be modified to accommodate the new improvements. At present, staff has plans to perform improvements to five (5) properties located along the corridor; however, that number may increase as the project is finalized. At present, execution of these agreements and completion of improvements is being sought for the following properties: 42568 Moonridge Road, 42592 Moonridge Road, 42612 Moonridge Road, 42662 Moonridge Road, and 42692 Moonridge Road.

The improvements will be completed through a combination of efforts and sources including City Public Works Staff, Granite Construction Co., the general contractor for the Moonridge Project, and other contractors or service providers as necessary to complete the improvements. All purchases and contracts will be obtained in accordance with the City’s purchasing policy and staff anticipates the total cost of these improvements to be approximately $100,000.

In order to capture the terms and the specific improvements for these agreements, the City Attorney’s Office has prepared the attached Settlement Agreement & Release that each party will be asked to execute with the City as a condition of completing the improvements. The agreements will allow the City to complete the improvements as agreed upon with the property owners to form the basis of the settlements. The agreement further stipulates that the property owners will release the City from any further claims against the City associated with this project, specifically the identified impacts to the subject private properties.

Staff will coordinate the execution of the agreements immediately and undertake the work as soon as possible. Work is intended be completed by early November. Engineering staff will oversee and manage all of the work, including the execution of the agreements. All materials, equipment, services and related expenses will be funded through the Moonridge Project budget.

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, a San Bernardino County sales tax for transportation purposes, and Measure Y, transient occupancy tax paid by overnight visitors to the City. Funding for these identified improvements is available within the specified project budget.

ENVIRONMENTAL CONSIDERATIONS
This report requires no review pursuant to the California Environmental Quality Act (CEQA).

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Approving Private Property Improvements and Settlement Agreement & Release Associated with the Moonridge Corridor Improvements Project.

ATTACHMENTS

1. Resolution 2022-XX

2. Form Agreement Language
ATTACHMENT 1

RESOLUTION NO. 2022-XX

RESOLUTION APPROVING PRIVATE PROPERTY

IMPROVEMENTS AND SETTLEMENT AGREEMENT &

RELEASE ASSOCIATED WITH 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 improvements have been designed within the existing public space and in consideration of the existing properties and land uses along the corridor but the improvements have created impacts to certain private properties along the Moonridge Corridor; and, WHEREAS, the impacts caused by the Moonridge Corridor Improvements Project include the loss of driveway access and parking, disruption of ingress and egress to a commercial property, and the loss of functional usage of a garage at a residential property; and, WHEREAS, as these impacts were identified, staff has been in close communication with the impacted property owners regarding plans and opportunities to mitigate the impacts by way of improvements to private property; and,
WHEREAS, staff and the property owners have identified specific improvements, such as the construction of new driveway approaches and other flatwork; and, WHEREAS, the City Attorney’s Office has reviewed the situation and has provide a Settlement Agreement & Release, which is to be executed by the City and the property owners, that will outline the specific improvements and authorize staff to coordinate the work on private property; and,
WHEREAS, the agreement further releases the City from any claims that may arise from these impacts to private property resulting from the design and construction of the Moonridge Corridor Improvements Project; and,
WHEREAS, most of the improvements will be coordinated by Public Works Staff or Granite Construction Co., under the existing construction contract, and all purchases, services, and related expenses will be funded with the Moonridge Project budget; and,

WHEREAS, the aggregate cost of these improvements, across all impacted properties, will be approximately $100,000 and funding is available in the approved Moonridge Corridor Improvements Project budget; and,
WHEREAS, at this time, staff is requesting approval with agreements for the following addresses:
42568 Moonridge Road, 42592 Moonridge Road, 42612 Moonridge Road, 42662 Moonridge Road, and 42692 Moonridge Road, and additional agreements may be needed as required to mitigate any yet to be identified impacts.

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

1. The form of the Settlement Agreement & Release is approved and the City Manager is authorized to execute the necessary documents for the specific property needs.

2. Staff is authorized to coordinate and implement the improvements as described.

PASSED, APPROVED AND ADOPTED this 3rd day of October, 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
19361.00004\40682969.2

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CITY OF BIG BEAR LAKE

SETTLEMENT AGREEMENT & RELEASE
(PUBLIC WORKS PROJECT – [PARTY])
This Settlement Agreement and Release (“Agreement”) is made and entered into by and between the CITY OF BIG BEAR LAKE (the “City”) and [Party], (“Owner”). The City and Owner are sometimes referred to individually as “Party” and collectively as the “Parties” in this Agreement.

RECITALS
A. The City is seeking to conduct public improvements along Moonridge Road, in the City of Big Bear Lake (“the Project”). [Optional: provide a more detailed description of the public works project].

B. Owner owns the real property commonly known as [Mailing Address] and more particularly described as [Assessor Parcel Number], which fronts [or another description in relation to] Moonridge Road (the “Subject Property”) and, in that capacity, may be impacted by the Project.

C. The City and Owner now desire to resolve any and all claims and disputes between them relating to the Project and its impact on the Subject Property on the terms and conditions set forth herein.

D. In consideration of the foregoing recitals and mutual covenants and warranties set forth herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree to the terms of this Agreement.

AGREEMENT

1. Recitals. The foregoing Recitals are incorporated into and are a part of this Agreement.

2. Compensation To Be Paid; Dismissal of Owner. As a full and final settlement of any and all claims or potential claims of the Owner against the City arising out of, or in any way relating to, Project construction and the Subject Property, the City agrees to carry out the work described pursuant to the specifications set forth in Exhibit A, which is attached hereto and incorporated herein by reference.

3. Release of the City. In further consideration of this Agreement and in recognition of the benefits to be derived therefrom, and except for enforcement of this Agreement, the Owner, on behalf of himself/herself and his/her heirs, successors, administrators, attorneys, assigns and/or agents acknowledges that completion of the work on the Subject Property by the City, as described in Exhibit A, constitutes the full, complete and final settlement of any and all claims against the City and its elected and appointed officials, board members, officers, directors, employees, agents, successors, assigns, predecessors, partners, joint venturers, principals, subsidiaries, guarantors, subcontractors, suppliers, parent companies, insurance companies, law firms, attorneys, representatives and all persons acting by, through, under, or in concert with them or any of them, 19361.00004\40682969.2

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past and present (hereinafter collectively called “Additional City Releasees”) for just compensation, or any claims for damages, arising from the City’s construction and use of the Project in the manner proposed as provided under Article 1, Section 19 of the California Constitution and the Eminent Domain Law, including but not limited to claims for real estate; precondemnation damages; inverse condemnation arising on or before the date of this Agreement; lost business goodwill; lost profits; lost rents; severance damages; mitigation damages; compensation for the construction and use of the Project in the manner proposed; damage to or loss of improvements pertaining to realty, machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback, or receive any financial gain from, the sale of any portion of the Property; litigation expenses, attorney’s fees, statutory interest and/or costs (collectively, “City Claims”), and hereby waives any and all such City Claims (whether or not such claims are known or unknown or fixed or contingent) which it may now hold or own, which it held or owned at any time, or which it may in the future have against the City and/or the Additional City Releasees relating to the City’s construction and use of the Project in the manner proposed.

4. Necessary Acts. Each Party shall perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement.

5. Denial of Liability. The Parties agree and mutually acknowledge that this Agreement is for settlement purposes only. The Parties have denied, and continue to deny, any wrongdoing in connection with the Project. Neither this Agreement nor any action taken pursuant to this Agreement shall constitute any admission of any wrongdoing, fault, violation of law, or liability of any kind on the part of the Parties, or any admission by and of the Parties of any claim or allegations made in any action against such party. This Agreement is entered into to avoid the attorneys’ fees, costs, expenses and risks associated with litigation of potential claims and defenses, including, without limitation, the released claims.

6. Notices. All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be in writing and shall either be delivered in writing by certified or registered first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the Party at its address set forth below, or at any other address that such Party may designate by written notice to the other Party:

To the City: City of Big Bear Lake
Attn: Sean Sullivan
39707 Big Bear Blvd., P.O. Box 10000
Big Bear Lake, CA 92315
With copy to: Best Best & Krieger LLP
Attn.: Andrew G. Saghian
3390 University Avenue, 5th Floor
Riverside, CA 92501
To Owner: [Name
Address
19361.00004\40682969.2

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Big Bear Lake, CA]

7. No Third Party Beneficiaries. The Parties acknowledge that there are no express or implied third party beneficiaries to this Agreement. No person or entity not a signatory hereto shall have any rights or causes of action against any Party hereto as a result of that Party’s performance or nonperformance of any obligation hereunder.

8. No Assignment of Claims. The Parties represent and warrant that they have not sold, assigned or transferred, or purported to sell, assign or transfer, and shall not hereafter sell, assign or transfer, any obligations, liabilities, demands, claims, costs, expenses, debts, controversies, damages, rights, actions, or causes of action released pursuant to this Agreement, including, without limitation, the released claims.

9. Tax Consequences. The Parties make no representations as to whether there are any tax consequences associated with this Agreement, including, but not limited to, the Compensation. The Parties agree that each Party is responsible for making its own determination of the tax consequences of the settlement and this Agreement.

10. Authority To Sign. Each Party represents and warrants that it has the full right and power to enter into this Agreement and to execute and bind the Party on whose behalf it/he/she is signing to the releases and other provisions contained herein, and further agrees to the extent it is in breach of its warranties to defend and indemnify each other Party in the event any claim is made which is contrary to the representations and warranties contained herein.

11. Representations And Warranties. Each of the Parties hereto represents and warrants that it/he/she is not aware of any other party having any interest in any Claim or Claims which are the subject of this Agreement; nor has it/he/she assigned, hypothecated or otherwise transferred any interest in any of the Claims which are the subject of this Agreement, including without limitation any lien interest in or to any fixtures and equipment or leasehold utilized on the Subject Property or in or to any claims against the City for compensation, damages, benefits, costs, or interest arising out of or in any way related to the work on the Subject Property by the City that the Owner seeks as compensation by way of this Agreement. Owner represents and warrants that it is the sole owner of the Subject Property.

12. Integration. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the Parties; there are no warranties, representations or other agreements between the Parties except as expressly set forth herein. No amendment hereto is binding unless set forth in a writing stating that it is intended to amend this agreement, executed by the Party to be bound thereby.

13. Counterparts. This Agreement may be executed in counterparts and, as so executed, will constitute one agreement binding on all Parties. Executed copies sent by facsimile or email will have the same force and effect as original signatures. 19361.00004\40682969.2

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14. Severability. In the event that any provision of this Agreement is found by a court of competent jurisdiction to be void or voidable, the remaining provisions of this Agreement will remain in full force and effect.

15. Survivability of Covenants. All representations and agreements set forth in this Agreement shall be deemed continuing and shall survive the execution date of this Agreement.

16. No Waiver. The failure to insist on any one occasion upon strict compliance with any of the covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of any rights or powers hereunder at any other time or times.

17. No Interpretation Against Drafter; Advice Of Counsel. This Agreement is to be construed fairly and not in favor of or against any Party regardless of which Party or Parties drafted or participated in the drafting of its terms. Each Party acknowledges it has had the opportunity to receive independent legal advice with respect to the advisability of making this Agreement and with respect to the meaning of California Civil Code Section 1542, and that they are freely and voluntarily entering in this Agreement and understand this Agreement in its entirety. (a) Contingent upon the full completion of the terms of this Agreement, it is the intention of the Parties that the general mutual release entered into as part of this Agreement shall be effective as a bar to all actions, causes of action, obligations, costs, expenses, attorney’s fees, damages, losses, claims, liabilities and demands of any character, nature and kind, known or unknown, suspected or unsuspected, to be so barred; in furtherance of which intention the Parties expressly waive any and all right and benefit conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads 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.
(b) The Parties hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. The Parties expressly agree that the release provision herein contained shall be given full force and effect in accordance with each and all of their express terms and provisions, including but not limited to those terms and provisions relating to unknown or unsuspected claims, demands and causes of action hereinabove specified. The Parties specifically agree to assume the risk of the subsequent discovery or understanding of any matter, fact or law which if now known or understood would in any respect have affected this Agreement.

18. Choice of Law and Enforcement. This Agreement and any dispute hereunder is to be governed by the laws of the State of California. In addition to any other means for 19361.00004\40682969.2

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enforcement provided in law or equity, this Agreement may be enforced pursuant to Code of Civil Procedure Section 664.6 before the Superior Court of California in San Bernardino County.

19. Each Party to Bear Own Costs and Fees. Except as may be otherwise provided herein, each Party hereto must bear its own costs and fees associated with the actions being settled hereby.

IN WITNESS WHEREOF, each Party has executed this Agreement on the date which appears next to the corresponding signature.

I have read the foregoing Settlement Agreement & Release, understand it, and I accept and agree to the provisions it contains and hereby execute it voluntarily with full understanding of its consequences and to be bound by its terms.

Dated: __________________, 2022 CITY OF BIG BEAR LAKE
By:
[Name]
[Position]
Dated: __________________, 2022 [PARTY NAME]
By:

Owner of Subject Property
APPROVED AS TO FORM:

Dated: BEST BEST & KRIEGER LLP
By: _________________________
Scott Ditfurth
Andrew G. Saghian
Attorneys for the City

CITY OF BIG BEAR LAKE
Dated:

By: _________________________
[Attorney Name]
Attorneys for Owner
[Party]

MEETING
DATE: October 3, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager

FROM: Stephen P. Deitsch, City Attorney
SUBJECT: Ordinance Amending Big Bear Lake Municipal Code Chapter 1.12 (City Council) Concerning Residency Requirements and Proof Thereof for City Council Candidates and Council Members

BACKGROUND
The City Clerk's office currently checks whether a City Council candidate is a resident of the City and the district for which they are seeking election by confirming the address provided by the candidate matches the address the San Bernardino County Registrar of Voters has on file for their voter registration.

The City Council has directed the City Attorney to prepare for City Council consideration and adoption an ordinance updating City Council candidate and incumbent residency requirements, and proof thereof. In particular, the City Council has discussed adding more stringent proof of residency requirements to ensure that Council candidates in fact live in the same district they purport to represent. Additionally, in compliance with the City Council Policy, Procedures and Rules of Order Manual adopted by the City Council on March 7, 2022 (the “Manual”), the City Council has asked for advice concerning annual certification by Councilmembers such as by declaring under penalty of perjury that they continue to reside within the district they represent by filing such declaration with the City Clerk on or before December 31st each year.

DISCUSSION
Authority
The City of Big Bear Lake is a charter city, meaning that it has plenary authority with “respect to municipal affairs” and any laws relating to municipal affairs “supersede all laws inconsistent therewith.” Cal. Const. Art. IX, Sec. 5(a). Expressly stated municipal affairs include:
(1) the “conduct of city elections,” and (2) “the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city shall be elected or appointed, and for their removal, and for their compensation . . .” Cal. Const. Art. IX, Sec. 5(b). The proposed ordinance does not conflict with general laws. See Cal. Const. Art. IX, Sec. 7; See Gov. Code Sec. 36502; Also see Gov. Code Sec. 34882. Therefore, the California Constitution and statutory framework allows the City to enact an ordinance of the same sort proposed here. That ordinance is discussed below.

Effect
The proposed Ordinance amends the Big Bear Lake Municipal Code (“BBLMC”) Section

1.12.050, and adds new Sections to Chapter 1.12. These are discussed below.

Section 1.12.050(A) amendments:

Pursuant to the proposed ordinance, City Council members must be and remain residents and registered voters in the district they represent for at least thirty (30) days prior to the time that Council Member is nominated for office and throughout their term. All members of the City Council must comply with proof of residency in the district to which they were elected, including appointees and those elected to Council through a special election.

In subdivision (A)(3), members of the City Council who cease to be resident of the district from which the member was nominated and elected have thirty (30) days to establish substitute residence in the district. If not, the office becomes vacant and is filled according to the procedure in Gov. Code Sec. 36512, as amended from time to time. Note, that section of the Government Code authorizes cities to enact other ordinances relating to filling vacant seats on the City Council.

In subdivision (A)(4), the word “section” is changed to “municipal code.” New Section 1.12.060:

This section creates proof of residency requirements for City Council candidates. These are:
(1) Proof of home ownership / rental property; or
(2) Proof of motor vehicle registration or another form of California identification if no vehicle is owned; or
(3) A utility bill / affidavit from landlord that landlord pays the utility bill.

Additionally, each candidate must file an affidavit under penalty of perjury verifying residency in the district for which they are running.

New Section 1.12.070:

This section relates to the manner the City Clerk verifies residency of City Council candidates. It provides for the City Clerk to review all documents proving residency within a fiveday period of submission. It requires the City Clerk’s office to send a letter informing the candidate and the San Bernardino County registrar’s office if the requirements are met. If the requirements are not met, the Clerk’s office must send a letter to the candidate advising that they failed to meet the requirements, and shall have until the closing date of the filing period to resubmit documents.

New Section 1.12.080:

This section requires City Council Members to provide annual verification of residency in the district to which they were elected throughout their term in office. Councilmembers must submit the same documentation as in Section 1.12.060 to the City Clerk in the month of December for their first year in office. If a councilmember has not relocated from their previously provided residence, subdivision (C) allows incumbents to submit only (1) a CA driver’s license or other form of State of California issued identification proving residency and (2) an affidavit, signed under penalty of perjury that that they have not relocated and all previously supplied information remains true and correct. That subdivision also requires Councilmembers to submit documentation to the City Clerk within thirty (30) days of moving within the same district from which they were elected. Councilmembers who move to a new district from which they were elected are not qualified to hold office and must resign.

New Section 1.12.090:

This section provides that complaints about fraudulent residency should be submitted to the City Attorney, who will then submit the complaints to the San Bernardino County District Attorney or take action as otherwise permitted by law.

New Section 1.12.100:

This section provides that the City Clerk must maintain a record of the candidates, their districts, and their proof of residency documents in redacted form on the City’s website and available for public inspection.

FISCAL IMPACT
There is no fiscal impact associated with the adoption of this ordinance.

ENVIRONMENTAL CONSIDERATIONS
This Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

RECOMMENDATION
It is recommended that the City Council read the title, waive further reading, and introduce an ordinance entitled Ordinance Amending Big Bear Lake Municipal Code Chapter 1.12 (City Council) Concerning Residency Requirements and Proof Thereof for City Council Candidates and Council Members.

ATTACHMENT

1. Ordinance No. 2022-xxx
ATTACHMENT 1
ORDINANCE NO. 2022-xxx

ORDINANCE AMENDING BIG BEAR LAKE MUNICIPAL CODE
CHAPTER 1.12 (CITY COUNCIL) CONCERNING RESIDENCY

REQUIREMENTS AND PROOF THEREOF FOR CITY COUNCIL

CANDIDATES AND COUNCIL MEMBERS
WHEREAS, Section 1.12.050 of the Big Bear Lake Municipal Code (“BBLMC”) currently addresses residency requirements for City Council candidates and sitting City Council members; and
WHEREAS, the BBLMC does not currently contain requirements regarding the documentation to establish proof of residency for purposes of meeting the BBLMC residency requirements; and WHEREAS, the City Council desires and intends to amend the BBLMC to establish such required proof of residency, and to establish a thirty (30)-day pre-filing residency requirement; and WHEREAS, the City Council finds that a thirty (30)-day pre-filing residency requirement for City Council candidates is reasonable, necessary and appropriate to accommodate the needs of election officials in their task of timely verifying a City Council candidate's residence prior to the preparation and distribution of ballots and other election-related materials; and WHEREAS, Section IV.A. of the City Council Policy, Procedures and Rules of Order Manual adopted by the City Council on March 7, 2022, as it may be amended from time to time (the “Manual”), currently requires Council members to certify with the City Clerk annually, at a City Council meeting in December, their residency or domicile within the City of Big Bear Lake; and WHEREAS, in addition to the foregoing, the City Council finds that the proof of residency requirements and the requirement of declarations under penalty of perjury as set forth in this Ordinance are reasonable, necessary and appropriate to ensure compliance with the residency requirements currently set forth in BBLMC section 1.12.050 and in the Manual.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The above recitals are true and correct and are hereby incorporated herein by this reference.

Section 2. Amendment of Section 1.12.050(A). Section 1.12.050(A) of Chapter 1.12 of Title 1 of the BBLMC is hereby amended to read in its entirety as follows:
“1.12.050 By-district elections.

A. By-District Elections. Pursuant to California Government Code section 34886, members of the city council of the city of Big Bear Lake shall be elected by-district in five single-member districts.

1. Members of the city council shall be elected in the electoral districts established by subdivision B of this section and subsequently reapportioned as provided by state law.

Elections shall take place “by district” as that term is defined in California Government Code section 34871, meaning one councilmember shall be elected from each district, by the voters of that district alone.

2. Residency in Districts. Each member of the city council must be and remain a resident of and registered voter in the council district from which the member is nominated for at least thirty (30) days prior to the time the member is nominated, elected, and throughout that member’s term of office. All members of the city council must abide by the proof of residency requirements set forth in Sections 1.12.060 through 1.12.100 of the Big Bear Lake Municipal Code.

3. In the event any member of the city council ceases to be a resident of the district from which the member was nominated and elected or, in the case of an appointee, the member ceases to be a resident of the district the member was appointed to represent, that member shall have thirty (30) days to establish substitute residence within the required district in accordance with this chapter. If the member fails to establish such substitute residency, that councilmember’s office shall then be vacant and shall be filled in the manner provided by Section 36512 of the California Government Code, as it may be amended from time to time.

Section 3. Addition of Section 1.12.060. A new Section 1.12.060 is hereby added to Chapter 1.12 of Title 1 of the BBLMC to read in its entirety as follows:
“1.12.060 Proof of residency-Candidates.

A. Proof of Residency. In order to ensure a city council candidate resides in the district for which city council seat they are running, the candidate must provide to the city clerk one of the following forms of proof set forth in paragraphs 1, 2 or 3 below to verify their 30 day residency requirement:

1. Proof of Home Ownership / Rental Property. Proof of home ownership as evidenced by providing one of the following: 1a) a copy of a grant deed; 1b) a mortgage payment billing statement verifying the address; or 1c) any other document that can be used to verify home ownership and residency of the property; and also by providing evidence of a homeowner’s property tax exemption filed with the San Bernardino County Assessor for proof that the home is the primary residence. If a candidate does not have a homeowner’s property tax exemption on file they must submit an affidavit signed, under penalty of perjury, by the candidate verifying that the home is the candidate’s primary residence; or, if the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership or corporation, the candidate must submit an affidavit signed, under penalty of perjury, by the homeowner or authorized legal representative of that entity verifying the candidate is living in the home as his/her primary residence.

OR
If the residence is rented or leased by the candidate, the candidate must provide proof of residence by providing a signed copy of a lease or rental agreement. If a candidate is living at a residence without a lease or rental agreement and the candidate’s name otherwise does not appear in the proof of home ownership, the candidate must provide an affidavit signed by the landlord/property owner, under penalty of perjury, verifying the candidate’s residency in the landlord’s/property owner’s property.

2. Proof of Motor Vehicle Registration. A copy of registration of any motor vehicle registered to the candidate for the residency claimed, or proof of a valid California Driver’s License showing that their address on their license is the address shown on their nomination papers. If the residence address on either the Driver’s License or auto registration is in the process of being changed, the candidate must provide a document from the California Department of Motor Vehicles (DMV14 form) verifying the change is in process. If a candidate does not own an automobile or does not have a California Driver’s License, the candidate must submit any other State of California issued identification showing their address on the identification document is the address shown on their nomination papers.

3. Utility Bill. A utility bill in the candidate’s name showing that the service address is the address in the candidate’s nomination papers. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the candidate’s name at that address shall suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental agreement or lease agreement, that the landlord or other legal entity shall pay the utility bill, the candidate must submit an affidavit signed, under penalty of perjury, by the landlord or the other legal entity, stating that the landlord or other legal entity is responsible for paying the utility bill for that address.

B. Affidavit. The candidate must sign an affidavit, under penalty of perjury, verifying residency in the district for which they are running. The affidavit must be submitted to the city clerk before the close of the election filing period.

C. Failure to Provide Documents. Failure to provide any of the above-required documents shall disqualify a candidate from meeting the city council residency requirements set forth in Section 1.12.050 of the Big Bear Lake Municipal Code. Willfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing affidavits under penalty of perjury or other documents, shall also disqualify candidates and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.”
Section 4. Addition of Section 1.12.070. A new Section 1.12.070 is hereby added to Chapter 1.12 of Title 2 of the BBLMC to read in its entirety as follows:
“1.12.070 Verification of residency and certification-Candidates.

Candidates are required to file the documents required by Section 1.12.060 of the Big Bear Lake Municipal Code with the city clerk for verification no earlier than the first day of the candidate filing period and no later than the closing date of the filing period as it relates to candidates running for a city council seat. The city clerk shall review and verify that the required information is correct and meets all the requirements. The city clerk shall diligently work to review and verify all residency documents submitted and shall complete the review and verification of the candidate’s residency documents no later than five (5) calendar days from receipt thereof. The city clerk shall then do one of the following:

A. If the documents meet all requirements to demonstrate residency, the city clerk shall certify that residency requirements have been met and shall mail a letter to the San Bernardino County Registrar of Voter’s office and to the candidate so stating; or
B. (1) If any deficiencies are discovered in the documents provided or certain documents are missing, the city clerk shall send a letter to the candidate showing the specific deficiency(ies) or missing document(s). The candidate shall have until the closing date for filing nomination papers to correct the deficiencies and shall re-submit the required documents to the city clerk for verification; (2) If the candidate fails to demonstrate residency by complete verification of all required documents within the prescribed time limits, or the resubmitted documents do not demonstrate residency, the city clerk shall mail a letter to the candidate advising them that they have failed to meet the requirements and specify the reason for such failure;
(3) If the resubmitted documents by the candidate meet all requirements to demonstrate residency, the city clerk shall certify that residency requirements have been met and shall mail a letter to the San Bernardino County Registrar of Voter’s office and to the candidate so stating.”
Section 5. Addition of Section 1.12.080. A new Section 1.12.080 is hereby added to Chapter 1.12 of Title 1 of the BBLMC to read in its entirety as follows:
“1.12.080 Annual verification of residency-City Councilmembers.

A. Proof of Residency. To ensure that city councilmembers meet the residency requirements set forth in Section 1.12.050 of the Big Bear Lake Municipal Code throughout their entire term in office, each councilmember’s residency must be verified annually for each year in office. For this purpose, each councilmember then remaining in office shall submit to the city clerk during the last 31 calendar days of each year (December 1 through December 31) (1) the proof of residency otherwise set forth for councilmember candidates in Section 1.12.060 A.1 through 3 of the Big Bear Lake Municipal Code, and (2) an affidavit, signed by the council member under penalty of perjury, verifying their current residency at a specific address within their district.

B. Relocation. In the event that a councilmember moves to a new residence in the same district after the filing of the previous affidavit, the councilmember must confirm such new residence by providing to the city clerk within thirty (30) days of moving those certain items set forth in subsection A above.

C. Notwithstanding subsection A above, incumbent councilmembers who have not relocated since the required residency information was last provided to the city clerk may satisfy the requirements of subsection A by providing to the city clerk a copy of a current California driver’s license or, if a councilmember does not have a California Driver’s License, any other State of California issued identification, and an affidavit, signed under penalty of perjury, that they have not relocated and all previously supplied information remains true and correct. If a councilmember moves to a new district from the one to which they were elected, that councilmember is no longer qualified to hold office and their seat on the city council is vacant upon the determination by the city council that the council member is not in compliance with the residency requirement.

C. Failure to Provide Documents. Failure to provide any of the above-required documents shall disqualify a council member from meeting the city council residency requirements set forth in Section 1.12.050 of the Big Bear Lake Municipal Code. Willfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing an affidavit under penalty of perjury or other documents, shall also disqualify candidates and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.”
Section 6. Addition of Section 1.12.090. A new Section 1.12.090 is hereby added to Chapter 1.12 of Title 1 of the BBLMC to read in its entirety as follows:
“1.12.090 Investigation and enforcement of residency requirements.

Any complaints about fraudulent residency shall be submitted to the city attorney. The city attorney shall refer all complaints to the San Bernardino County District Attorney or take any other action otherwise permitted by law. The San Bernardino County District Attorney shall have the discretion to investigate residency complaints and if sufficient evidence of fraud is found during the investigation, the District Attorney may elect to prosecute.” Section 7. Addition of Section 1.12.100. A new Section 1.12.100 is hereby added to Chapter 1.12 of Title 1 of the BBLMC to read in its entirety as follows:
“1.12.100 Residency requirements-Transparency.

The city clerk shall maintain at the city’s website a record of candidates and councilmember names, corresponding council districts and all required supporting documents, consistent with applicable confidentiality laws, of all candidates and councilmembers who have been certified to meet the residency requirements, and shall make said record and documents available for inspection at the city clerk’s office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection, in accordance with the California Public Records Act or as otherwise required by law. The city clerk shall update the city’s website to reflect councilmember verifications submitted in accordance with Section

1.12.080”
Section 8. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 9. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance 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 are declared unconstitutional, invalid, or ineffective.

Section 10. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 11. The City Clerk shall certify to the adoption of this ordinance and shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption.

PASSED, APPROVED AND ADOPTED this ___ day of _____ 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

ORDINANCE AMENDING BIG BEAR LAKE MUNICIPAL
CODE CHAPTER 1.12 (CITY COUNCIL) CONCERNING

RESIDENCY REQUIREMENTS AND PROOF THEREOF FOR

CITY COUNCIL CANDIDATES AND COUNCILMEMBERS
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the _____ day of _____ 2022, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Big Bear Lake City CouncilOctober 3, 2022

Big Bear Lake City Council
October 3, 2022