Agenda packet — Big Bear Lake City Council, October 17, 2022

CITY COUNCIL

REGULAR MEETING AGENDA
OCTOBER 17, 2022
Closed Session: 5:30 pm, Training Room, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 Open Session: 6:00 pm, Hofert Hall, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 __________________________________________________________________________________________

COUNCILMEMBERS

MAYOR RICK HERRICK

MAYOR PRO TEM BYNETTE MOTE

COUNCILMEMBER ALAN LEE

COUNCILMEMBER PERRI MELNICK

COUNCILMEMBER RANDALL PUTZ

CITY STAFF

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

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

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION pursuant to Government Code Section 54956.9(d)(1)
Name of Case: Recall Mote Now! a Political Action Committee (FPPC ID# 1449920), and Bernard Dale Bryan v. Erica Stephenson, City Clerk of the City of Big Bear Lake Court & Case No: San Bernardino Superior Court, Case No. CIV SB 2218531

OPEN SESSION

CALL TO ORDER

CITY COUNCIL AGENDA
October 17, 2022 - Page 2

PLEDGE OF ALLEGIANCE

INVOCATION
Invocation will be led by Pastor Jay Walden from the Bear Valley Church.

ROLL CALL

RESULTS OF CLOSED SESSION

EVENT CALENDAR FOR THE PERFORMING ARTS CENTER
For tickets please contact the box office at (909) 866-4970 or visit www.citybigbearlake.com. • The Big Bear Performing Arts Programs present Scary Tales, October 29th at 7:00 pm and October 30th at 2:00 pm.
• The Big Bear High School Performing Arts Program presents Clue: The Play, November 4th and 5th at 7:00 pm, and November 6th at 2:00 pm.

PRESENTATIONS
• Presentation of a Proclamation to DOVES in Recognition of Domestic Violence Awareness Month. • Presentation of a Proclamation to Kids Cancer Connection, Inc. in Recognition of Childhood Cancer Awareness Week.
• Presentation of a plaque recognizing Christine Bennett, Administrative Services Manager for over 18 years of dedicated City service.

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 09/23/2022 THROUGH 10/04/2022 IN THE AMOUNT OF $308,246.23 AND THE AUGUST 2022 TREASURER’S REPORT

1.2 APPROVAL OF MEETING MINUTES FROM THE SEPTEMBER 9, 2022 SPECIAL MEETING

OF CITY COUNCIL

1.3 APPROVAL OF MEETING MINUTES FROM THE SEPTEMBER 19, 2022 REGULAR MEETING

OF CITY COUNCIL

CITY COUNCIL AGENDA
October 17, 2022 - Page 3

1.4 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 adoption of an ordinance amending Big Bear Lake Municipal Code Chapter 1.12 (City Council) concerning residency requirements and establishing proof of residency procedures for City Council Candidates and Councilmembers. City Council introduced the ordinance, conducted the first reading of the title and waived further reading at the October 3, 2022 regular meeting.

1.5 RESOLUTION AUTHORIZING ON-CALL SNOW REMOVAL CONTRACTS AND A SNOW

REMOVAL AGREEMENT WITH BIG BEAR MOUNTAIN RESORTS FOR WINTER SEASON 2022-23
City Council will consider a formal resolution authorizing the execution of on-call contacts with multiple local contractors for the provision of snow removal and management services. The contractors include Bear Valley Paving, Mile High Equipment, Nolan Thoren, and Romans Construction and their services include the equipment and labor to perform street plowing, snow removal, and berm removal activities as needed and directed by Public Works staff. The proposed resolution also renews the Snow Removal and Street Maintenance Agreement with Big Bear Mountain Resorts for their efforts associated with snow removal activities in their designated area. The annual budget for these services for Fiscal Year 2022-23 is $330,000.

1.6 RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A NO PARKING ZONE ON

CLUBVIEW DRIVE FROM MOONRIDGE ROAD TO CEDAR AVENUE
City Council will consider a formal resolution authorizing the establishment of a No Parking Zone on Clubview Drive from Moonridge Road to Cedar Drive. Staff is recommending this to promote pedestrian safety along Clubview Drive and to enhance motorists’ visibility when approaching the roundabouts.

1.7 RESOLUTION AUTHORIZING A PURCHASE ORDER FOR SANITARY SEWER MANHOLE COVERS
City Council will consider a formal resolution authorizing a purchase order for Sanitary Sewer Manhole Covers. As a part of the annual operations for the Sanitation Division, the manhole covers are replaced due to damage or as a part of roadway construction projects. This purchase order is for one hundred of the City’s standard manhole covers for use in support of the annual operations.

ITEMS REMOVED FROM THE CONSENT CALENDAR

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

2.1 ORDINANCE ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE

CITY COUNCIL AGENDA
October 17, 2022 - Page 4
City Council will conduct a public hearing and will consider reading the title, waiving further reading and introducing an ordinance adopting the 2022 California Building Standards Code and the 2018 International Property Maintenance Code. This is a triennial update of the Building Codes and will update the Title 8 (Health and Safety) and Title 15 (Buildings and Construction) sections of the Municipal Code.

2.2 ORDINANCE ADDING CHAPTER 15.44 (ELECTRIC VEHICLE CHARGING STATIONS) TO TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF BIG BEAR LAKE

MUNICIPAL CODE, PURSUANT TO STATE LAW
City Council will conduct a public hearing and will consider reading the title, waiving further reading and introducing an ordinance adding Chapter 15.44 (Electric Vehicle Charging Stations) to Title 15 (Buildings and Construction) of the City of Big Bear Lake Municipal Code. Assembly Bill 1236 requires local agencies to have a streamlined process for electric vehicle charging stations, to be in-place by January 1, 2023.

3. DISCUSSION/ACTION ITEMS

3.1 FAIR POLITICAL PRACTICES COMMISSION (FPPC) FORM 700 AND FPPC CAMPAIGN

FINANCING DOCUMENT OVERVIEW
At the City Council’s September 19, 2022 meeting, an Agenda item request was made by Mayor Herrick and seconded by Councilmember Melnick for staff to prepare a report providing an overview of the FPPC forms required to be completed by elected officials. The purpose of these FPPC forms is to help foster the public’s trust in our political system by adding transparency to campaign financing and by providing citizens with access to vital financial information about their public officials.

3.2 CONSIDERATION OF ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (EDAC)

ACTION ITEMS
At the City Council’s August 1, 2022 Meeting, the Council received a presentation of the EDAC’s work program and the Council provided their input related to that program. As a follow-up to City Council’s feedback and direction, the EDAC has prepared an actionable item for City Council consideration. Staff is requesting the City Council consider this project and provide direction, as appropriate.

4. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS

4.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS

4.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS

ADJOURNMENT

TENTATIVE ITEMS TO BE CONSIDERED AT A FUTURE CITY COUNCIL MEETING NOVEMBER 7, 2022: WINTER TRAFFIC MANAGEMENT PLAN REVIEW NOVEMBER 7, 2022: AWARD OF CONTRACT – DEMOLITION OF 40986 BIG BEAR BLVD DECEMBER 12, 2022: CERTIFICATION OF NOVEMBER 8, 2022 ELECTION RESULTS DECEMBER 12, 2022: OATH OF OFFICE FOR ELECTED COUNCILMEMBERS DECEMBER 12, 2022: CITY COUNCIL REORGANIZATION

CITY COUNCIL AGENDA
October 17, 2022 - Page 5
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 13th day of October 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
84443 San Bernardino County Solid Waste Mgmt Division 09/29/2022 13.39 84444 All Protection Alarm 09/29/2022 1,855.62
84445 Big Bear Disposal Inc 09/29/2022 109.89
84447 Big Bear Paint Center 09/29/2022 215.12
84448 Peter Joseph Bucknam 09/29/2022 16,107.33
84449 California Chapter, American Planning Association 09/29/2022 50.00 84451 Geiger Supply, Inc. 09/29/2022 177.68
84453 The Grizzly 09/29/2022 5,767.75
84454 Hinderliter de Lamas & Assoc Inc. 09/29/2022 1,779.40 84455 Holland Equipment Company 09/29/2022 24,070.56
84456 JHD Planning LLC 09/29/2022 3,300.00
84457 LOR Geotechnical Group, Inc. 09/29/2022 1,505.00
84458 Mile High Equipment, Inc. 09/29/2022 1,206.80
84460 Mission Linen Supply Inc. 09/29/2022 565.69
84461 Nativescapes, Inc. 09/29/2022 4,500.00
84462 Orkin Inc. 09/29/2022 333.00
84464 Patton Sales Corp 09/29/2022 2,662.86
84465 Retail Strategies, LLC 09/29/2022 1,250.00
84466 ROW Traffic Safety, Inc. 09/29/2022 2,885.97
84467 Robertson's Ready Mix 09/29/2022 182.49
84469 Romans Construction Corp. 09/29/2022 3,400.00
84470 Schock Contracting Corporation 09/29/2022 77,017.45 84472 Alexandro Torres 09/29/2022 70,425.40
84473 US Bank Corporate Payment Systems 09/29/2022 9,511.63 84474 Verizon Wireless 09/29/2022 1,890.58
84475 Vulcan Materials Company Inc. 09/29/2022 38,653.34 84476 Wincan LLC 09/29/2022 2,500.00
84477 Xylem Water Solutions USA Inc 09/29/2022 12,951.13 84478 Butchers Blocks & Building Materials 10/04/2022 772.13 84479 Lumber City Corp. 10/04/2022 285.16
84480 Grainger Inc. 10/04/2022 117.96
84481 Harris Computer Systems 10/04/2022 12,661.86
84482 Mission Linen Supply Inc. 10/04/2022 1,333.61
84483 Waxie Sanitary Supply Inc. 10/04/2022 4,282.43
ACH Ruth Lorentz 09/29/2022 3,905.00
308,246.23
City of Big Bear Lake
Checks Issued 09/23/2022 ‐ 10/04/2022
Check# Vendor/Employee Transaction Amount
City Council 4110
84473 US Bank Corporate Payment Systems Council Meeting Provisions/Discretionary Training 09/29/2022 1,294.34 City Council Total 1,294.34
City Manager 4120
84453 The Grizzly Subscription 09/29/2022 30.00
84473 US Bank Corporate Payment Systems Office Supplies 09/29/2022 135.00 84474 Verizon Wireless Cell Phone Service 09/29/2022 100.35 City Manager Total 265.35
City Clerk 4130
84453 The Grizzly Legal Notices 09/29/2022 3,214.00
84473 US Bank Corporate Payment Systems CCAC Membership Dues/Office Supplies 09/29/2022 397.04 84474 Verizon Wireless Cell Phone Service 09/29/2022 60.76 City Clerk Total 3,671.80
Finance 4140
84454 Hinderliter de Lamas
& Assoc Inc. Sales Tax Consulting Services 09/29/2022 1,779.40 84473 US Bank Corporate Payment Systems Office Supplies/Welcome Lunch 09/29/2022 146.53 84474 Verizon Wireless Cell Phone Service 09/29/2022 15.93 Finance Services Total 1,941.86
Human Resources 4150
84449 California Chapter, American Planning Association Recruitment Expense 09/29/2022 50.00 84473 US Bank Corporate Payment Systems Employee Appreciation/Recruitment Expense/Meeting Provisions 09/29/2022 1,388.53 84474 Verizon Wireless Cell Phone Service 09/29/2022 13.65 Human Resources Total 1,452.18
Animal Regulation 4260
84462 Orkin Inc. Pest Control Services 09/29/2022 125.00 Animal Regulation Total 125.00
Engineering 4310
84448 Peter Joseph Bucknam Pavement Management Program Services 09/29/2022 16,107.33 84453 The Grizzly Subscription 09/29/2022 30.00
84473 US Bank Corporate Payment Systems Office Supplies/Meeting Provisions/Postage 09/29/2022 410.83 84474 Verizon Wireless Cell Phone Service 09/29/2022 83.51 Engineering Total 16,631.67
Street Maintenance 4320
84453 The Grizzly Subscription 09/29/2022 30.00
84455 Holland Equipment Company Truck Mounted Snow Plows 09/29/2022 24,070.5684458 Mile High Equipment, Inc. Materials/Supplies 09/29/2022 1,206.80 84460 Mission Linen Supply Inc. Uniform Laundry Service 09/29/2022 565.69 City of Big Bear Lake
Expenditure By Department
Checks Issued 09/23/2022 ‐ 10/04/2022
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 09/23/2022 ‐ 10/04/2022
84462 Orkin Inc. Pest Control Services 09/29/2022 123.00 84466 ROW Traffic Safety, Inc. Traffic Signs 09/29/2022 1,625.10 84467 Robertson's Ready Mix Materials/Supplies 09/29/2022 182.4984473 US Bank Corporate Payment Systems Vehicle Towing/Fuel 09/29/2022 1,916.19 84474 Verizon Wireless Cell Phone Service 09/29/2022 195.34 84478 Butchers Blocks
& Building Materials Materials/Supplies Refund 10/04/2022 ‐37.46 84479 Lumber City Corp. Materials/Supplies 10/04/2022 218.30 84482 Mission Linen Supply Inc. Uniform Laundry Service 10/04/2022 533.45 84483 Waxie Sanitary Supply Inc. Janitorial Supplies 10/04/2022 1,070.61 PW: Street Maintenance Total 31,700.07
Vehicle Maintenance 4325
84480 Grainger Inc. Vehicle Repair Parts 10/04/2022 117.96 84482 Mission Linen Supply Inc. Uniform Laundry Service 10/04/2022 66.67 PW: Vehicle Maintenance Total 184.63
Parking Lots / Chamber Building 4335
84451 Geiger Supply, Inc. Plumbing Repair Parts 09/29/2022 177.68 84462 Orkin Inc. Pest Control Services 09/29/2022 85.00 84478 Butchers Blocks
& Building Materials Materials/Supplies 10/04/2022 179.43 84479 Lumber City Corp. Materials/Supplies 10/04/2022 14.52 84483 Waxie Sanitary Supply Inc. Janitorial Supplies 10/04/2022 1,070.61 PW: Parking Lots/Chamber Total 1,527.24
Planning 4410
84465 Retail Strategies, LLC Professional Services 09/29/2022 1,250.00 84473 US Bank Corporate Payment Systems Office Supplies 09/29/2022 20.03 ACH Ruth Lorentz Professional Services 09/29/2022 3,905.00 Planning Total 5,175.03
Planning Commission 4411
84453 The Grizzly Legal Notices 09/29/2022 2,433.75
Planning Commission Total 2,433.75
Tourism
& Municipal Code Compliance 4415
84474 Verizon Wireless Cell Phone Service 09/29/2022 204.75 Tourism
& Municipal Code Compliance Total 204.75
Building
& Safety 4430
84473 US Bank Corporate Payment Systems ICSC Membership/Ergonomic Standing Desk Converter 09/29/2022 357.81 84474 Verizon Wireless Cell Phone Service 09/29/2022 86.00 Building
& Safety Total 443.81
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 09/23/2022 ‐ 10/04/2022
PAC Administration 4610
84474 Verizon Wireless Cell Phone Service 09/29/2022 9.10 PAC Administration Total 9.10
City Parks
& Trails 4625
84444 All Protection Alarm Alarm Monitoring 09/29/2022 89.85 84464 Patton Sales Corp Materials/Supplies 09/29/2022 2,662.86 84478 Butchers Blocks
& Building Materials Materials/Supplies 10/04/2022 280.55 84483 Waxie Sanitary Supply Inc. Janitorial Supplies 10/04/2022 1,070.61 City Parks
& Trails Total 4,103.87
General Government 4800
84444 All Protection Alarm Alarm Monitoring 09/29/2022 673.85 84453 The Grizzly Subscription 09/29/2022 30.00
84473 US Bank Corporate Payment Systems Office Supplies/Meeting Provisions 09/29/2022 2,173.28 84474 Verizon Wireless Cell Phone Service 09/29/2022 6.81 General Government Total 2,883.94
Information Technology 4810
84473 US Bank Corporate Payment Systems Computer Equipment 09/29/2022 327.46 84474 Verizon Wireless Cell Phone Service 09/29/2022 590.80 84481 Harris Computer Systems Annual Software Maintenance ‐CityView 10/04/2022 12,661.86 Technology Services Total 13,580.12
Civic Center 4820
84444 All Protection Alarm Alarm Monitoring 09/29/2022 807.12 84447 Big Bear Paint Center Paint Supplies 09/29/2022 215.12 84474 Verizon Wireless Cell Phone Service 09/29/2022 49.35 84478 Butchers Blocks
& Building Materials Materials/Supplies 10/04/2022 270.56 84479 Lumber City Corp. Materials/Supplies 10/04/2022 52.34 84482 Mission Linen Supply Inc. Uniform Laundry Service 10/04/2022 93.3584483 Waxie Sanitary Supply Inc. Janitorial Supplies 10/04/2022 1,070.60 Civic Center Total 2,558.44
PAC Operations
& Maintenance 4821
84444 All Protection Alarm Alarm Monitoring 09/29/2022 284.80 84474 Verizon Wireless Cell Phone Service 09/29/2022 45.50 84478 Butchers Blocks
& Building Materials Materials/Supplies 10/04/2022 67.72 PAC Operations
& Maintenance Total 398.02
Sanitation 250
84466 ROW Traffic Safety, Inc. Signs 09/29/2022 1,260.8784469 Romans Construction Corp. Sewer Lateral Repair 09/29/2022 3,400.00 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 09/23/2022 ‐ 10/04/2022
84473 US Bank Corporate Payment Systems CWEA Membership 09/29/2022 95.00 84474 Verizon Wireless Cell Phone Service 09/29/2022 340.48 84476 Wincan LLC WinCan Subscription 09/29/2022 2,500.00 84478 Butchers Blocks
& Building Materials Materials/Supplies 10/04/2022 11.33 84482 Mission Linen Supply Inc. Laundry Service 10/04/2022 533.45 Sanitation Total 8,141.13
Bear Valley Mutual General Operations 255
84461 Nativescapes, Inc. Weed Abatement
& Shrub Pruning 09/29/2022 4,500.00
Bear Valley Mutual General Operations Total 4,500.00
Capital Projects 321
84445 Big Bear Disposal Inc Animal Shelter Improvements 09/29/2022 109.89 84456 JHD Planning LLC Professional Services ‐ 2021 Housing Element Update 09/29/2022 3,300.00 84470 Schock Contracting Corporation Stanfield Boardwalk Improvement Project 09/29/2022 77,017.45 84472 Alexandro Torres Raise Sewer Manholes to Grade 09/29/2022 70,425.40 84473 US Bank Corporate Payment Systems Animal Shelter Improvements/Encroachment Permit 09/29/2022 849.59 84477 Xylem Water Solutions USA Inc Replacement Keypads and Level Sensors for the SCADA System 09/29/2022 12,951.13 Capital Projects Total 164,653.46
Street Improvement Projects 350
84457 LOR Geotechnical Group, Inc. FY2022‐23 Street Rehab Project 09/29/2022 1,505.00 84475 Vulcan Materials Company Inc. FY2022‐23 Street Rehab Project 09/29/2022 38,653.34 Capital Projects/ Street Improvements Total 40,158.34
Refuse 550
84443 San Bernardino County Solid Waste Mgmt Division Solid Waste Collection 09/29/2022 13.3984474 Verizon Wireless Cell Phone Service 09/29/2022 88.25 84482 Mission Linen Supply Inc. Laundry Service 10/04/2022 106.69 Refuse Total 208.33
Grand Total 308,246.23
DISTRIBUTION OF TREASURY CASH Rate Amount % of Total
Demand Account - Union Bank $ 6.27% 1,916,771
Imprest Cash - Union Bank Payroll $ 0.02% 5,000
Imprest Cash $ 0.00% 1,525
Dental Self Insured Checking $ 0.53% 162,011
Local Agency Investment Fund (LAIF) 1.276% 28,483,681 $ 93.18% Total Cash In Treasury: 30,568,988 $ 100.00%
INVESTMENT ACTIVITY Days Deposits Withdrawals
LAIF Average Life (Days) of Portfolio 311
LAIF Transactions $0 $2,400,000
Interest Received for Fiscal Year 2022-23 $0
DISTRIBUTION OF CASH BY FUND August 2022 July 2022 Change General $ 22,258,251 21,985,624 $ (272,627) $
Sanitation $ 5,517,202 5,032,469 $ (484,733) $
Capital Improvement $ 3,113,477 1,401,261 $ (1,712,216) $ Refuse $ 1,231,858 694,311 $ (537,547) $
Trust $ 633,417 974,267 $ 340,850 $
Successor Agency $ 133,827 133,827 $ - $
AB 3229 Supp Law Enforce $ 441,556 347,229 $ (94,327) $ Total Cash in Treasury: 30,568,988 $ 33,329,588 $ (2,760,600) $ CASH WITH FISCAL AGENT - RESERVE FUNDS Cost Basis Market Value Current Yield 2005 Revenue Refunding Bonds
Big Bear Lake Reserve Fund $ 566,841 566,841 $ 2.04%
Moonridge Reserve Fund $ 79,516 79,516 $ 2.04%
1999 IA Tax Allocation Bonds $ 289,289 289,289 $ 2.04%
- The aforementioned investments conform to the City's investment policy. (Res. 2022-64) - Cash is sufficient to meet needs of the next 6 months. - Interest earned on invested cash is accrued on a quarterly basis.

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

CITY OF BIG BEAR LAKE

TREASURER'S REPORT
August 31, 2022
Special Meeting Minutes – September 9, 2022
-
A Special Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 10:00 a.m., Friday, September 9, 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
Councilmembers Present: Mayor Rick Herrick
Mayor Pro Tem Bynette Mote
Councilmember Alan Lee
Councilmember Perri Melnick
Councilmember Participating Remotely: Councilmember Randall Putz Others Present: Kelly Ent, Acting City Manager
Erica Stephenson, City Clerk
Others Participating Remotely: Stephen P. Deitsch, City Attorney

PUBLIC COMMUNICATIONS
Alan Lee, Big Bear Lake Councilmember, acknowledged the community for coming together during this time; thanked Kelly Ent, Acting City Manager, for her leadership during the Radford Fire emergency; announced his 2nd Annual Community Unity event which will be held on September 22 at Veteran’s Park.

Cory Blake Miholich, Big Bear Lake resident, indicated his appreciation for Council convening for this emergency meeting; announced his support of District 4 Council candidate Perri Melnick and said he is proud to be her contending candidate.

DISCUSSION & ACTION ITEM

1.1 RESOLUTION RATIFYING A PROCLAMATION DECLARING A LOCAL STATE OF

EMERGENCY
City Council considered adopting a formal Resolution entitled, “Resolution Ratifying a Proclamation Declaring a Local State of Emergency”.

Due to the Radford Fire that started north of Highway 38 in the San Bernardino National Forest on Monday, September 5, 2022, the Acting City Manager Kelly Ent, acting as the Director of Emergency Services issued a Proclamation of Local Emergency on Tuesday, September 6, 2022. Under Government Code Section 8630 (b), a proclamation of local emergency must be ratified by the City Council within seven (7) days to remain in effect.

Page 2 ends

Meeting Minutes
September 9, 2022
A motion was made by Councilmember Lee, seconded by Councilmember Melnick, to approve staff’s recommendation and adopt the following resolution entitled:

RESOLUTION NO. 2022-105

RESOLUTION RATIFYING A PROCLAMATION DECLARING A

LOCAL STATE OF EMERGENCY
Said motion was approved by the following vote:

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

ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting at 10:08 a.m. in honor of his late brother-in-law. ____________________________
Erica Stephenson, City Clerk
Regular Meeting Minutes – September 19, 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, September 19, 2022, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.

OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Putz
Invocation: Invocation was led by Pastor Robert Grand from Summit Christian Fellowship.

Councilmembers Present: Mayor Rick Herrick
Mayor Pro Tem Bynette Mote
Councilmember Alan Lee
Councilmember Perri Melnick
Councilmember Randall Putz
Others Present: Erik Sund, City Manager
Kelly Ent, Acting City Manager
Erica Stephenson, City Clerk
Stephen P. Deitsch, City Attorney

PRESENTATIONS
• Introduction of new City employee – Erik Sund, City Manager – City Manager Department. • Introduction of new City employee – Tracy Cui, Administrative Assistant – Administrative Services Department.
• Presentation of a Proclamation to California Interagency Incident Management Team 11 for their tireless efforts to protect the Big Bear Valley during the Radford Fire emergency. • Michael Perry, Visit Big Bear CEO will provide a report on temporary housing efforts for Radford Fire personnel.
• Will Weisfeld, Visit Big Bear Events Director will present an overview of their Events, Shows and Activities.
• Arnold San Miguel, Southern California Association of Governments’ Regional Affairs Manager, will be providing an update on Southern California Association of Governments (SCAG).

PUBLIC COMMUNICATIONS
Charles Hicks, Big Bear Lake resident, introduced himself as a candidate for the Big Bear Airport District Board of Directors and reviewed his priorities as a board member, should he be elected; stated that he hopes the City Council and the Airport Board will work in tandem in the future regarding matters of common concern.

Page 2 ends

Meeting Minutes
September 19, 2022
James Hayton, Big Bear Lake second homeowner, expressed his concerns with the aesthetics of a new business on Big Bear Boulevard as it doesn’t add any charm to the community; indicated that he was sickened to see so many mature pine trees cut down to make way for the new construction of a hotel on the Boulevard.

Dawn Hartmeister, Big Bear Lake Rotary Club President, offered a re-cap on the Labor Day Fireworks show including the large number of volunteer hours; briefly discussed future upcoming Rotary-sponsored events; stated that she plans on keeping Council apprised of all Rotary events on a monthly basis.

Lisa Shower, Big Bear resident, expressed her concerns regarding comments a Councilmember made during the recent Democratic Club meeting; said she supports the only current recall effort of a Councilmember and urged District 1 residents to consider voting “yes” on that recall.

Gloria Meade, Big Bear City resident, expressed her disappointment regarding comments made by a Councilmember at the local Democratic Club meeting and thanked the other four Councilmembers for their service.

Theodore Trentman, Big Bear resident, acknowledged the vacation rental and lodging owners for offering their properties to fire personnel during the Radford Fire emergency; invited the community to a Potluck on Thursday, September 22.

Maureen Auer, Big Bear Lake resident, discussed regulations regarding election signs/banners and made related campaign financing comments; questioned the motives as to why Councilmember Lee expressed his preference to make the last Public Comment during recent Council meetings.

Ellen Clarke, Big Bear Chamber of Commerce Executive Director, shared that the Chamber of Commerce will be holding a local Candidate Forum event on Thursday, October 6, at the Civic Center Performing Arts Center and invited the community to attend.

Alan Lee, Big Bear Lake Councilmember, welcomed the new City Manager Erik Sund; invited the public to his 2nd Annual Community Unity event on Thursday, September 22 at Veteran’s Park; expressed his appreciation for fire service personnel and indicated he was pleased that they were honored during this meeting; stated that he was delighted to see many candidates running for local elected offices during this election cycle.

1. CONSENT CALENDAR

1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 08/06/2022 THROUGH 09/01/2022 IN THE AMOUNT OF $3,747,034.26 AND THE JULY 2022 TREASURER’S REPORT Approved.

1.2 APPROVAL OF MEETING MINUTES FROM THE JUNE 20, 2022 REGULAR MEETING

OF CITY COUNCIL
Approved.

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

OF CITY COUNCIL
Approved.

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September 19, 2022

1.4 APPROVAL OF MEETING MINUTES FROM THE JULY 18, 2022 REGULAR MEETING

OF CITY COUNCIL
Approved.

1.5 RESOLUTION ADOPTING AMENDMENTS TO THE CITY’S CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
City Council considered a formal resolution amending the City’s Conflict of Interest Code pursuant to the Political Reform Act of 1974. The proposed amendments to the Conflict of Interest Code are necessary to include two new staff positions that are required to be designated per Government Code.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-106
RESOLUTION ADOPTING AMENDMENTS TO THE CITY’S

CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974

1.6 RESOLUTION RESCINDING THE LOCAL STATE OF EMERGENCY DECLARED IN

RESPONSE TO THE RADFORD FIRE
City Council considered a formal resolution rescinding the City’s Declaration of a Local State of Emergency related to the Radford Fire. A State of Emergency was declared on September 6, 2022 by the Acting City Manager and was ratified by the City Council on September 9, 2022. The efforts of fire personnel were aided by precipitation received from tropical storm Kay and significantly reduce the threat posed by the Radford Fire to our community.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-107

RESOLUTION RESCINDING THE LOCAL STATE OF

EMERGENCY DELCARED IN RESPONSE TO THE RADFORD FIRE

1.7 RESOLUTION ESTABLISHING AND APPOINTING A CITY COUNCIL AD HOC

COMMITTEE FOR THE LEISURE BEAR MOBILE HOME PARK
City Council considered a formal resolution establishing and appointing a City Council Ad Hoc Committee for matters related to the Leisure Bear Mobile Home Park. Effective August 1, 2022, the City Council authorized a 99-year ground lease of property owned by the Bear Valley Mutual Water Company, which includes the Leisure Bear Mobile Home Park. As the transition of the City to operate this facility continues, there will be considerable public outreach and engagement. The appointment of an Ad Hoc Committee for this work will allow for the City Council to be represented throughout this process but still allow for work to continue efficiently. The Ad Hoc Committee will remain in place, on an as needed basis, until it is determined that is no longer necessary.

Approved and adopted the following resolution entitled:

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RESOLUTION NO. 2022-108

RESOLUTION ESTABLISHING AND APPOINTING A

CITY COUNCIL AD HOC COMMITTEE FOR

THE LEISURE BEAR MOBILE HOME PARK

1.8 RESOLUTION AUTHORIZING THE PURCHASE OF FLEET VEHICLES City Council considered a formal resolution authorizing the purchase of replacement fleet vehicles from Dave Smith Motors (Kellogg, ID) and Sunrise Ford (Fontana, CA). The proposed vehicles include two (2) Dodge Ram 2500 pickup trucks that are properly equipped to receive snowplows, which are the standard pickups for Public Works. The other proposed vehicle is a Ford Explorer that will be assigned to administration at City Hall. Funding is available in the adopted FY 2022-23 budget.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-109

RESOLUTION AUTHORIZING PURCHASE OF FLEET VEHICLES

1.9 RESOLUTION AUTHORIZING A BID SOLICITATION FOR DEMOLITION OF THE BUILDING AT 40986 BIG BEAR BOULEVARD
City Council considered a formal resolution authoring staff to undertake a bid solicitation for the demolition of the building located at 40986 Big Bear Boulevard. Effective August 1, 2022, the City executed a 99-year ground lease for property owned by Bear Valley Mutual Water Company. The 19-acres includes the building at 40986 Big Bear Boulevard. The building, which is currently vacant, previously served as a sign shop and was most recently being remodeled. Staff has assessed the building and found it to be unsafe and in need of substantial repair should it look to be repurposed.

The demolition of the building will alleviate the aesthetic and safety concerns as well as allow the property to be reimagined. Staff anticipates undertaking the bid solicitation immediately and presenting a contract for consideration in October 2022.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-110

RESOLUTION AUTHORIZING A BID SOLICITATION FOR

DEMOLITION OF THE BUILDING AT
40986 BIG BEAR BOULEVARD

1.10 RESOLUTION AUTHORIZING RENTAL AGREEMENTS AND PURCHASE ORDERS FOR SNOW REMOVAL EQUIPMENT FOR WINTER SEASON 2022-23
City Council considered a formal resolution authorizing purchase orders and rental agreements associated with winter snow management equipment. The resolution authorizes staff to purchase the necessary cutting edges and tire chains to be used on the City’s owned trucks and rented tractors.

Additionally, the resolution will authorize the necessary rental agreements for loaders, backhoes, and dump trucks that will be used to support the City’s winter operations. Funding for these efforts is included in the approved Fiscal Year 2022-23 annual budget.

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Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-111

RESOLUTION AUTHORIZING RENTAL AGREEMENTS AND

PURCHASE ORDERS FOR SNOW REMOVAL EQUIPMENT FOR
WINTER SEASON 2022-23

1.11 RESOLUTION AUTHORIZING A CHANGE ORDER WITH SCHOCK CONTRACTING

CORPORATION FOR THE STANFIELD MARSH BOARDWALKS IMPROVEMENTS

PROJECT
City Council considered a formal resolution authorizing a change order with Schock Contracting Corporation for the Stanfield Marsh Boardwalks Improvements Project. On August 1, 2022, the City Council awarded a contract to Schock Contracting Corporation for the Stanfield Marsh Boardwalks Improvements Project, which will remove and replace all existing wooden decking and handrails on the boardwalks which are original to the construction of the boardwalks from the mid-1990s. The proposed change order will be to install additional restraints and attachments, which are not currently installed, to provide additional structural integrity and seismic reinforcement. The contract with Schock Contracting Corporation is for $853,150 and the total project budget is $1,000,000 so there is sufficient funding available to bear the approximately $75,000 cost of the change order.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-112

RESOLUTION AUTHORIZING A CHANGE ORDER WITH SCHOCK

CONTRACTING CORPORATION FOR THE STANFIELD MARSH

BOARDWALKS IMPROVEMENTS PROJECT

1.12 RESOLUTION REJECTING ALL BIDS FOR THE KNICKERBOCKER CHANNEL FENCE

REPLACEMENT PROJECT AND AUTHORIZING STAFF TO RESOLICIT BIDS City Council considered a formal resolution rejecting all bids received for the Knickerbocker Channel Fence Replacement Project and authorize staff to resolicit bids for this project in early 2023. In June 2022, the City Council authorized staff to solicit bids for a project that would replace approximately 350 linear feet of chain link fence with new wrought iron fencing similar to that which was installed under a previous project. Staff conducted a public procurement process and all bids received were in excess of the project’s budget of $75,000, ranging from $112,280 to $191,573. Staff is working with the San Bernardino County Flood Control District to revise the design of the fence that should result in lower bid prices. Staff anticipates that the project would be bid again in the winter 2023 and work would commence in the Spring.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-113

RESOLUTION REJECTING ALL BIDS FOR THE

KNICKEBOCKER CHANNEL FENCE REPLACEMENT PROJECT

AND AUTHORIZING STAFF TO RESOLICIT BIDS

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1.13 RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO SUPERIOR PAVEMENT MARKINGS, INC. FOR THE FALL CITYWIDE LINE STRIPING PROJECT City Council considered a formal resolution awarding a construction contract with Superior Pavement Markings, Inc. for the Fall Citywide Line Striping Project. The work included within the scope for this project is a restriping of all long (lane) lines throughout the City to enhance their visibility prior to the winter season. A subsequent effort will take place again, in the spring, as the budget allows for this work to be completed twice per year. The refreshed and painted roadway marking will promote traffic safety.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-114

RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO
SUPERIOR PAVEMENT MARKINGS, INC. FOR THE FALL

CITYWIDE LINE STRIPING PROJECT

1.14 ORDINANCE ADOPTING A NEGATIVE DECLARATION AND APPROVING ZONE CHANGE 2021-39 CHANGING THE ZONING DESIGNATION OF 40347 YORK LANE (APN 0308-082-08) FROM COMMERICAL-VISITOR (C-3) TO SINGLE FAMILY RESIDENTIAL (R-1)
City Council considered adopting an ordinance to change the zoning designation of vacant property addressed at 40347 York Lane (APN 0308-082-08). The requested change, from commercial-visitor to single family residential, is concurrently processed with an accompanying general plan amendment (GPA 2021-038) to amend the underlying land use designations. A Negative Declaration, prepared in accordance with the California Environmental Quality Act, concludes the request will not have a significant effect on the environment. City Council introduced the ordinance, read the title and waived further reading at the August 15, 2022 regular meeting.

Approved and adopted the following ordinance entitled:

ORDINANCE NO. 2022-505

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)

1.15 RESOLUTION APPROVING A TASK ORDER WITH MERRELL-JOHNSON

COMPANIES FOR SURVEY SERVICES RELATED TO THE RATHBUN CREEK TRAIL

PHASE II PROJECT
City Council considered a formal resolution approving a task order with Merrell-Johnson Companies for survey services related to the Rathbun Creek Trail Phase II Project. The City’s adopted Five-Year Capital Improvement Program contemplates the development and construction of Phases II & III of the Rathbun Creek Trail Project, which at build out will connect the San Bernardino National Forest to the shores of Big Bear Lake. Phase I, from Elm Street to Big Bear Boulevard, is already complete.

In order to proceed with the engineering design of Phase II, staff solicited proposals for surveying

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September 19, 2022
services from the City’s on-call engineering and surveying firms. Staff is recommending approval of a Task Order with Merrell-Johnson Companies for this assignment, which will provide the necessary base map for the design to be built upon.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-115
RESOLUTION APPROVING A TASK ORDER WITH MERRELLJOHNSON COMPANIES FOR SURVEY SERVICES RELATED TO

THE RATHBUN CREEK TRAIL PHASE II PROJECT
Motion made by Councilmember Putz, seconded by Councilmember Melnick, to approve the consent calendar with Mayor Herrick abstaining from Item 1.10 due to a potential conflict of interest.

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 RESOLUTION APPROVING VACATION OF RIGHT-OF-WAY APPLICATION 2021-140 FOR AN APPROXIMATELY 217 SQUARE FOOT PORTION OF FRANCIS WAY ADJACENT TO 199 AND 205 LAGUNITA LANE, APN’S 0307-071-36, 43 & 44, AND

FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
City Council received a report from Janice Etter, Senior Principal Planner; then conducted a public hearing and considered a formal resolution for a Vacation of Right-of-Way application 2021-140 to abandon a 217 square foot portion at the terminus of Francis Way. Upon abandonment, the adjoining property owner could then pursue a lot merger to combine property addressed at 199 and 205 Lagunita Lane (APN 0307-071-36, -43 & -44).

At the hour of 7:27 p.m., Mayor Herrick opened the public hearing; seeing no speakers, Mayor Herrick closed the public hearing at 7:27 p.m.

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. 2022-116

RESOLUTION APPROVING VACATION OF RIGHT-OF-WAY
APPLICATION 2021-140 FOR AN APPROXIMATELY 217
SQUARE FOOT PORTION OF FRANCIS WAY ADJACENT TO 199

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AND 205 LAGUNITA LANE, APN’S 0307-071-36, 43 & 44, AND

FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Said motion was approved by the following vote:

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

2.2 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
Sue O’Strander, Director of Community Development provided a brief presentation on this item and described an additional section (recital) that needed to be included in the proposed Resolution and Ordinance language that had been included in this Agenda packet. In addition, Sue O’Strander read aloud the title of the proposed Ordinance. Then the City Council conducted a public hearing and considered the formal resolution to adopt the 2021-2029 Housing Element, which has been revised to accommodate comments received from the State Department of Housing and Community Development (HCD) over the past several months. As part of the resolution, City Council also considered amending the General Plan Land Use Element and General Plan Land Use Map to 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. Lastly, City Council considered an ordinance approving a corresponding zone change on six parcels (APNs 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.

At the hour of 7:46 p.m., Mayor Herrick opened the public hearing; seeing no speakers, Mayor Herrick closed the public hearing at 7:46 p.m.

A motion was made by Mayor Pro Tem Mote, seconded by Councilmember Putz, to approve all three of staff’s recommendations (including the proposed recital additions) and reading the title, waiving further reading and introducing an ordinance entitled:

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

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and adopting a resolution (including the proposed recital addition) entitled:

RESOLUTION NO. 2022-117

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2021-19 TO UPDATE THE 2021-2029 HOUSING

AND LAND USE ELEMENTS AND FINDING THE ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Said motion was approved by the following vote:

AYES: Putz, Lee, Mote, Melnick, Herrick
ANOES: None
ABSTAIN: None
ABSENT: None
At the hour of 7:48 p.m., Mayor Herrick called a short recess.

At the hour of 7:53 p.m., Mayor Herrick reconvened the meeting. 3 DISCUSSION/ACTION ITEMS

3.1 DISCUSSION - CITY COUNCIL POLICY, PROCEDURES, AND RULES OF ORDER MANUAL
At the City Council’s August 15, 2022 Meeting, an Agenda item request was made by Mayor Pro Tem Bynette Mote and seconded by Mayor Rick Herrick to review the City Council Policy, Procedures and Rules of Order Manual (Rules of Order).

Stephen P. Deitsch, City Attorney provided a detailed overview of the Council’s Rules of Order document. Council reviewed and discussed the Rules of Order, and provided the following direction to staff as to what related topics to include for further consideration at a future meeting.

A motion was made by Mayor Herrick, seconded by Councilmember Melnick, to include a future Agenda item, proposing an ordinance related to City Council proof of domicile requirements.

A motion was made by Mayor Herrick, seconded by Mayor Pro Tem Mote, to bring back a discussion item related to City Councilmember attendance and adherence to the established rules.

A motion was made by Councilmember Lee to bring back an item requiring Councilmembers to indicate what specific contributions (reporting beyond the minimum State requirements) Councilmembers receive from local vendors that do business with the City.

Erik Sund, City Manager, suggested that staff agendize a discussion/action item that provides a broad overview of all State campaign contribution and conflict of interest reporting requirements and allowing for Council discussion regarding the potential for further political reform, but on a more localized level.

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A motion was made by Mayor Herrick, seconded by Councilmember Melnick, to go forward with the City Manager’s suggestion and include that discussion item on a future Agenda.

4. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS

4.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
Erica Stephenson, City Clerk, welcomed City Manager Erik Sund to the City of Big Bear Lake.

Stepehen Deitsch, City Attorney, echoed Erica Stephenson’s comments and welcomed Erik Sund to the City of Big Bear Lake.

Kelly Ent, Acting City Manager, thanked Council and the community for their support during her time as Acting City Manager; welcomed incoming City Manager Erik Sund.

Erik Sund, City Manager, expressed his gratitude for the warm welcome and support; said he is ready to get to work.

4.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Putz shared some highlights from the League of California Cities Annual Conference that was held from September 7 to September 9.

Councilmember Lee welcomed City Manager Erik Sund and invited him to his upcoming Community Unity event.

Councilmember Melnick expressed her appreciation to everyone that was involved in the mitigation of the Radford Fire; thanked Kelly Ent for stepping in as Acting City Manager and welcomed Erik Sund and his family to the community.

Mayor Pro Tem Mote reported on the August 17 Mountain Transit Board Meeting and the August 24 Big Bear Area Regional Wastewater Agency Board Meeting; welcomed Erik Sund to the City.

Mayor Herrick thanked City staff, specifically Kelly Ent, for their efforts during the Radford Fire emergency; stated that he is looking forward to working with City Manager Erik Sund.

ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting at 9:38 p.m. in honor of Cheryl Fish.
____________________________
Erica Stephenson, City Clerk

MEETING
DATE: October 17, 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
At the October 3, 2022 Council meeting, the City Council considered an ordinance that would amend Chapter 1.12 of the city’s code to add more-detailed residency requirements. The Council approved the draft ordinance for second reading, subject to a minor amendment (described more below). The amended ordinance is now before the Council for second reading and possible adoption.

As initially proposed, the ordinance gave candidates the option of providing documents from any of three categories to provide proof of actual residency. The three categories are

1. “Proof of Home Ownership / Rental Property” (§ 1.12.060(A)(1)),

2. “Proof of Motor Vehicle Registration” ((A)(2)), and

3. “Utility Bill” ((A)(3)).

During the October 3 discussion, some councilmembers expressed concern that a utility bill by itself might not have much evidentiary value in establishing whether a candidate actually lives in the community full time. The city attorney’s office agreed that some indicia of residency have more evidentiary weight than others and that a utility bill by itself might be at the low end of the scale. To address the evidentiary concerns, the city attorney’s office suggested a minor amendment to require that a candidate provide documents from each of the three categories, rather than from just one of them. The Council considered the ordinance with the amendment and approved it for second reading.

DISCUSSION
The amendment considered at the October 3 meeting included the changes to Section 1.12.060, subsection (A), that are indicated below:

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 oneall of the following forms of proof set forth in paragraphs 1, 2 or, and 3 below to verify their 30-day residency requirement:

As indicated above, as amended the ordinance will require a candidate to provide evidence from each of the three categories that are listed in Section 1.12.060(A). By extension, this will apply to each sitting councilmember as part of councilmember’s annual verification. (See § 1.12.080(A).) In the initial draft of the ordinance, each of the three categories of evidence allows for alternative ways of complying if a person doesn’t own or lease a home, or have a driver’s license, or have a utility bill in the person’s name. This flexibility remains unchanged by the amendment.

Lastly, the proposed ordinance calls for candidates and sitting councilmembers to also include an affidavit, signed under penalty of perjury, in addition to the three types of evidence described above. Although the form affidavit itself is not a part of the ordinance and is not codified, this staff report includes a form affidavit as an exhibit, for informational purpose.

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 adopt the proposed 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.

ATTACHMENTS

1. Ordinance No. 2022-xxx, as amended by the Council on October 3

2. Redlined copy of the ordinance, highlighting the amendments made by the Council

3. Form affidavit
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 all of the following forms of proof set forth in paragraphs 1, 2, and 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 17th day of October, 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 17th 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
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

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.

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.

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

ATTACHMENT 3
19361.00000\40774111.1

AFFIDAVIT OF
THE [CANDIDATE / COUNCILMEMBER]
State of California
County of San Bernardino
ss.

I, ______________________, do hereby solemnly swear (or affirm) that • I reside full-time at the following address in the City of Big Bear Lake:
__________________________________________, Big Bear Lake, California {“Address”);
• the Address is my primary residence and legal domicile for all purposes; and • I do not claim any other address as my primary residence or legal domicile for any tax purpose or for any other governmental purpose.

I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed by me at _________, on ______________________, 2 ___________.

MEETING
DATE: October 17, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager

FROM: Sean Sullivan, Director of Public Services
Jared Cheek, Public Works Operations Manager
Jason Watterson, Public Works Operations Manager
SUBJECT: Resolution Authorizing On-Call Snow Removal Contracts and a Snow Removal Agreement with Big Bear Mountain Resorts for Winter Season 2022-23

BACKGROUND
The Big Bear Valley is a popular year-round, four-season resort with a peak season during the winter months. Visitors flock to the mountains for snow play, skiing and snowboarding, or just for a getaway to experience the winter conditions. The process of winter weather and visitation management is a coordinated effort between multiple agencies and includes snow and ice management, traffic management, and visitor management. A complete overview of the City’s proposed winter efforts is scheduled for November; however, at this time the proposed item is focused on securing the necessary contracts to be prepared for the onset of snow season.

The City executes snow and ice management through a number of efforts including the usage of City staff, local contractors, and an agreement with Big Bear Mountain Resorts. The City implements snow and ice clearing and removal with the objective of meeting three (3) basic components of community safety and welfare:

1. Maintain access to and for emergency services;

2. Provide reasonably safe driving conditions throughout the winter months; and

3. Maintain access to businesses and services
For the purposes of snow and ice management, the City is split into eleven (11) snow districts, with City staff being responsible for street plowing and berm reduction activities in four (4) of the districts. The balance of the districts are undertaken by local contractors and Big Bear Mountain Resorts, the agreements for which are presented here for your consideration.

DISCUSSION
During the snow season, which generally begins on or around November 1, Public Works staff’s primary responsibilities transition to snow/ ice management and removal. While routine maintenance efforts and activities are ongoing and continue as the weather allows, the team is always able to transition to snow activities on short notice. As the City is divided into eleven (11) districts for the purposes of snow plowing, City staff generally performs the work in four (4) of these districts with the remaining areas being left to on-call contractors. The areas managed by City staff generally include the western area of the City, the areas North of Big Bear Boulevard, and the Village. Snow clearing activities will commence when accumulation on the street reaches or is anticipated to reach 3” and will continue around the clock until the streets are passable and no additional, significant snowfall is forecasted.

On-Call Contractor Services
Six (6) of the city’s eleven (11) snow clearing districts are managed by contractors who operate on an on-call basis. As of the 2020-2021 winter season, snow removal was undertaken utilizing new on-call services contracts after the expiration, in 2020, of the longstanding snow removal agreements. Under these agreements, the contractor submits a fee schedule inclusive of all costs associated with labor, at prevailing wages, and all required equipment and materials required to complete the necessary snow and ice clearing and removal. The contractors will be compensated, according to the fee schedule, for all hours that their labor and equipment is in service at the direction of the City. In general, the service rates have increased by 10% across the board, consistent with the increased cost of fuel, labor, and other materials and equipment to support these efforts.

The expense varies per storm event based upon the frequency and duration of the calls for service.

The Public Works Operations’ team will be responsible for determining the response, including the types and quantities of equipment, as required by the magnitude of each snow event.

The contractors with whom the City will issue an On-Call Snow Removal Contract are:

Contractor Location
Bear Valley Paving Big Bear Lake, CA
Mile High Equipment Big Bear Lake, CA
Nolan Thoren Construction Big Bear City, CA
Romans Construction Big Bear Lake, CA
A map of the city’s designated snow clearing districts is attached (Attachment 2). Public Works crews will perform the efforts in Districts 1-4, the on-call contractors will perform the efforts in Districts 5 and 7-11, and Big Bear Mountain Resorts will manage the snow in District 6.

Big Bear Mountain Resorts Agreement
The City of Big Bear Lake and Big Bear Mountain Resorts maintain an agreement, that is renewed annually, related to snow clearing and maintenance of Summit Boulevard. As a part of their operations, Big Bear Mountain Resorts is responsible for the removal of snow within District 6 and the maintenance of Summit Boulevard from Big Bear Boulevard to the south consistent with the terms established in the original agreement, which include that these efforts be at no cost to the City. There are no changes proposed to this agreement at this time and staff is recommending that the existing be extended through May 31, 2023.

FISCAL IMPACT
Funding for snow removal contract services is included within the approved Fiscal Year 2022-23 Budget. Considerations for these contracts are included within the Street Maintenance accounts for a total of $330,000 to include both local streets and the clearing of Big Bear Boulevard. The City receives reimbursement from Caltrans for some of the winter snow management activities, including reimbursement for the costs associated with clearing Big Bear Boulevard and up to 50% of the costs for the clearing of local streets.

ENVIRONMENTAL CONSIDERATIONS

Snow plowing activities are not consider a project pursuant to the California Environmental Quality Act (CEQA), therefore no environmental determination is required for these actions.

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Authorizing On-Call Snow Removal Contracts and a Snow Removal Agreement with Big Bear Mountain Resorts for Winter Season 2022-23.

ATTACHMENTS

1. Resolution No. 2022-XX

2. Map of Snow Plowing Districts
ATTACHMENT 1

RESOLUTION NO. 2021-XX

RESOLUTION AUTHORIZING ON-CALL SNOW REMOVAL

CONTRACTS AND A SNOW REMOVAL AGREEMENT WITH BIG
BEAR MOUNTAIN RESORTS FOR WINTER SEASON 2022-23
WHEREAS, the Big Bear Valley receives an average of 65 inches of snow annually and the Public Services Department is responsible for the clearing and removal of snow within the City limits; and
WHEREAS, the efforts of the Public Services Department focuses on snow/ice clearing and removal according to three (3) basic components of community safety and welfare: (1) Maintain access to and for emergency services, (2) Provide reasonably safe driving conditions through the winter months, and (3) Maintain access to businesses and services; and WHEREAS, the activities and labor related to snow clearing and removal are provided by a combination of City Public Works staff and on-call contractors; and WHEREAS, the City of Big Bear Lake has historically utilized the services of local contractors to provide labor and equipment to undertake snow removal activities in various parts of the City; and
WHEREAS, the contractors who are capable of and available to provide the needed services to the City have furnished prices to include all necessary equipment, operation of that equipment at the required prevailing wage rate scale, all required fuel and materials, and all insurance and supervision for these services; and
WHEREAS, Public Works Staff will call on the contractors, as needed, to perform the typical snow clearing and removal activities within their designated areas and the City will be billed, based upon the approved rate schedule, for the time that all equipment and labor is in service to the City; and
WHEREAS, staff is recommending the approval of On-Call Snow Removal Agreements with Bear Valley Paving, Mile High Equipment, Nolan Thoren Construction, and Romans Construction; and
WHEREAS, Big Bear Mountain Resorts is responsible for the removal of snow and ice, pursuant to an agreement dating to 1987, in what is known as Snow Plowing District 6, which is generally described as the area including and to the south of Brownie Lane, between and including Thrush Drive and Crestwood Drive; and
WHEREAS, the agreement is for no cost to the City and staff is recommending approval of an extended agreement with Big Bear Mountain Resorts, with no change to the overall terms but for the period through May 31, 2023; and
WHEREAS, the City has included funding of $330,000 in the approved Fiscal Year 2022-23 budget for the costs associated with these snow removal services.

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

1. The City Manager is authorized to execute On-Call Snow Removal Contracts for the 2022- 23 winter season with Bear Valley Paving, Mile High Equipment, Nolan Thoren Construction, and Romans Construction to include the schedule of rates furnished by each contractor.

2. The City Manager is authorized to execute an agreement with Big Bear Mountain Resorts for Snow Removal and Street Maintenance for the period ending May 31, 2023.

PASSED, APPROVED AND ADOPTED this 17th 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 17th 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
Big Bear Blvd
P ni e Knot Ave
Village Dr
Big Bear Blvd
Moonridge Rd
Sum
mit Blvd
Moonridge
Way
Fox Farm Rd
Forest Rd
Edgemoor Rd
Eagle Dr
Eureka Dr
Lakeview Dr
Club View Dr
Catalina Rd
Wren Dr
Bow Canyon Rd
Oak St
Sonoma Dr
Cougar Rd
Moonridge Rd
Cienega Rd
Park Ave
Evergreen Dr
Cove Dr
Tulip Ln
Brownie Ln
Thrush Dr
J
Sunset Dr
effr ei s Rd
Garstin Dr
N Bay Dr
Pennsylvania Ave
Arroyo Dr
Sand Canyon Rd
Swan Dr
Waterview Dr
Mill Creek Rd
Lowe
Dr
Kn ci kerbocker R
B
d
lue Jay
Rd
8 4
2 1 3
5 9
7 1 0
6 1 1
Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 0 0.25 0.5 1 1.5 2
Miles
City of Big Bear Lake Snow Plowing Districts
Divisio
n
Driv
e
Snow Plow Districts
Public Works
Public Works
Public Works
Public Works
Contractor 1
BBMR
Contractor 2
Contractor 3
Contractor 4
Contractor 5
Contractor 6
Legend
collector streets
secondary arterial
primary arterial
Public Works
Castle Rock trailhead
senior center
independent senior living facility
schools
public parking lots
Hospital
1 2
3 6
4 5
8 7
9 10
11 MEETING
DATE: October 17, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Director of Public Services
Jared Cheek, Public Works Operations Manager
SUBJECT: Resolution Authorizing the Establishment of a No Parking Zone on Clubview Drive from Moonridge Road to Cedar Avenue

BACKGROUND
Clubview Drive is a two-way street that travels north to south from Moonridge Road to its terminus at the National Forest Boundary. The paved roadway is approximately twenty-eight’ feet wide and the overall right of way is approximately 60’ wide. Parking is restricted along several portions of Clubview Drive, generally when there is insufficient space on the shoulder of the road to safely accommodate parking without inhibiting the flow of traffic. Clubview Drive is a heavily traveled, at times, as it is a key access route to Bear Mountain Ski Resort and is adjacent to the Big Bear Alpine Zoo. As the completion of the Moonridge Corridor Improvements Project is nearing, Clubview Drive now joins Moonridge Road by way of a roundabout at its northerly terminus.

Staff is proposing the establishment of a No Parking Zone on the east side of Clubview Drive from Moonridge Road to Cedar Avenue. The proposed area includes the entire shoulder of the roadway that is adjacent to the Big Bear Alpine Zoo and vehicles parking in this area often leads to an increase in pedestrians in the roadway. Given the heavy traffic flows on Clubview Drive and the sufficiency of zoo parking available in their parking lot, City staff and representatives from the zoo believe that this would be a prudent safety measure. Additionally, as Clubview Drive now enters the roundabout at Moonridge Road, the restricting of parking within this area will contribute to increased motorist visibility and safety.

DISCUSSION
The City of Big Bear Lake Municipal Code (10.04.180) establishes that the City Council may adopt a resolution to prohibit parking on certain roadways to facilitate the movement of traffic or to eliminate hazardous conditions. These findings should only be made on the basis of engineering review of conditions to establish the existence of the referenced conditions. Public Services Department staff has assessed the area in question and believes that when vehicles are parked on the shoulder, the resulting pedestrian activity as well as the reduced visibility, contribute to a potential hazardous condition. Given these circumstances, staff is recommending that the east side of Clubview Drive from Cedar Avenue to Moonridge Road be established as a No Parking Zone.

The proposed No Parking Zone would restrict parking at all times.

Staff has discussed this proposal with representatives from the Big Bear Zoo and they are supportive of these measures. Parking is currently restricted on the west side of the street, adjacent to the existing residential units, and staff’s assessment indicates that as these restrictions would mirror the existing, there is no anticipated impact to the nearby residences.

Should this restriction be approved, staff will coordinate the installation of the necessary signs as soon as feasible. Staff will also advise Code Enforcement and the Sheriff’s Departments of the updated parking restrictions.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

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

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Authorizing the Establishment of No Parking Zone on Clubview Drive from Moonridge Road to Cedar Avenue.

ATTACHMENTS

1. Resolution No. 2022-XX

2. Location Map of Proposed Parking Restrictions
ATTACHMENT 1

RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A NO

PARKING ZONE ON CLUBVIEW DRIVE FROM MOONRIDGE

ROAD TO CEDAR AVENUE
WHEREAS, Section 10.04.180 of the Big Bear Lake Municipal Code provides that the City Council may determine that it is necessary to prohibit stopping, standing or parking of vehicles on certain highways, or portions thereof, at all or certain hours of the day in order to facilitate the movement of traffic, or to eliminate hazardous conditions; and
WHEREAS, staff has reviewed the parking of vehicles along the eastern shoulder of Clubview Drive from Moonridge Road to Cedar Avenue, adjacent to the Big Bear Alpine Zoo; and WHEREAS,staff’s review has found that the parking of vehicles along this portion of the roadway increases the presence of pedestrians in the roadway along this section of Clubview Drive; and WHEREAS, this section of Clubview Drive intersects into the newly constructed roundabouts at Moonridge Road making roadway visibility critically important; and WHEREAS, staff is proposing the establishment of a no parking zone in this area to mitigate the potential hazardous conditions; and
WHEREAS, staff has reviewed this proposal with representatives from the Big Bear Alpine Zoo, as this portion of the roadway is directly adjacent to their facility, and they are supportive of these measures; and
WHEREAS, Section 10.04.180 of the Big Bear Lake Municipal Code requires that these restrictions be adopted by resolution.

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

1. A No Parking Zone is hereby established on the east side of Clubview Drive from Moonridge Road to Cedar Avenue at all times.

2. Staff shall be authorized to post the appropriate signage consistent with the Manual on Uniform Traffic Control Devices standards.

PASSED, APPROVED AND ADOPTED this 17th 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
Clubview Dr
Proposed No Parking Anytime
300 ft
N
➤

MEETING
DATE: October 17, 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
SUBJECT: Resolution Authorizing a Purchase Order for Sanitary Sewer Manhole Covers

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 the ongoing maintenance of the sanitary sewer system, staff coordinates the replacement of approximately one hundred (100) sewer manhole covers annually in coordination with the annual street rehabilitation projects, other sewer improvement projects, or as a part of routine maintenance and operations.

Several years ago, the City adopted a manhole cover manufactured by PAMREX as the standard material for use within the sanitary sewer system. Staff is recommending the purchase of one hundred (100) of these manhole covers for use in the sanitary sewer system over the next year.

DISCUSSION
Previously, the City adopted a manhole cover manufactured by PAMREX as the standard material for use within the sanitary sewer system. These manhole covers weigh considerably less than comparable products and the hinged features allow for easier operation. These materials maintain the appropriate load rating for the weight of general traffic as well as snow removal equipment.

Famcon Pipe and Supply, Inc. (Oxnard, CA) is the exclusive wholesaler and distributor for PAMREX manhole covers within the western United States making Famcon a sole source for the provision of these materials. As such, Famcon has provided a proposal for one hundred (100) units with a total cost of $40,837.

FISCAL IMPACT
Funding is available in the approved Fiscal Year 2022-23 annual operating budget from the Sanitation Fund.

ENVIRONMENTAL CONSIDERATIONS
Non requiring review under the California Environmental Quality Act (CEQA).

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Authorizing a Purchase Order for Sanitary Sewer Manhole Covers.

ATTACHMENT

1. Resolution No. 2022-XX
ATTACHMENT 1

RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING A PURCHASE ORDER FOR

SANITARY SEWER MANHOLE COVERS
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 efforts generally focus on replacing approximately one hundred (100) manhole covers per year as needed or in conjunction with street rehabilitation, other sewer projects, or as a part of routine maintenance and operations; and WHEREAS, previously, the City adopted a manhole cover manufactured by PAMREX as the City standard as it is hinged and light weight, making for easier use, while still maintaining a maximum load rating, enabling them to stand up to the weight of general traffic and snow removal equipment; and
WHEREAS, Famcon Pipe and Supply, Inc. (Oxnard, CA) is the exclusive wholesaler and distributor for PAMREX manhole covers within the western United Sates, meaning that they are a sole source for the City to obtain them; and
WHEREAS, Famcon Pipe and Supply, Inc. has provided a proposal to the City of Big Bear Lake for one hundred (100) manhole covers at a total cost of $40,837; and WHEREAS, funding for this purchase is available in the approved Fiscal Year 2022-23 budget.

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

1. The City Manager is authorized to execute a purchase order with Famcon Pipe and Supply, Inc. (Oxnard, CA) for 100 PAMREX manhole covers for a total cost of $40,837.

PASSED, APPROVED AND ADOPTED this 17th 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

MEETING
DATE: October 17, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager

FROM: Sue O’Strander, AICP, Director of Community Development Dan Chudy, Contract Building Official
SUBJECT: Ordinance Adopting the 2022 California Building Standards Code and the 2018 International Property Maintenance Code

BACKGROUND
The California Health and Safety Code, Section 17950, mandates the California Building Standards Commission adopt and publish the California Codes, Title 24, known as the California Code of Regulations.

Every three years, the California building codes are published to incorporate all building code changes accepted by a majority vote of members at the annual code development meetings. As a result, the new codes will become effective statewide on January 1, 2023. Each jurisdiction in the state of California is mandated to adopt the California Code of Regulations, Title 24, and make amendments to the codes that are reasonably necessary because of local climatic, geological, or topographical conditions. Modifications, along with the justifications, must be filed with the California Building Standards Commission in order to become legally binding. Staff has made the necessary code amendments to the ordinance (see Attachment 1), as presented herein.

DISCUSSION
Title 15 (Buildings and Construction) and portions of Title 8 (Health and Safety) of the Big Bear Lake Municipal Code (BBLMC) contain administrative and technical requirements for the maintenance and construction of buildings and property within the jurisdiction of the City. It adopts State building codes, standards and additional uniform codes by reference with local amendments.

The 2022 Edition of the State Building Standards Code (Title 24 of the California Code of Regulations) will become effective January 1, 2023. To align with the newly adopted codes, Title 15 and portions of Title 8 of the BBLMC would be updated, as follows:

1. Adopt the California Building Standards code with amendments and other codes related to the construction and maintenance of buildings. These codes are:
a. The 2022 California Administrative Code, Title 24 Part 1 b. The 2022 California Building Code Volumes 1 & 2 And Appendices Chapters B, H, I & J, Title 24 Part 2
c. The 2022 California Residential Code, And Appendices Chapters AH, AO, & AX, Title 24 Part 2.5
d. The 2022 California Electrical Code, Title 24 Part 3 e. The 2022 California Mechanical Code, Title 24 Part 4 f. The 2022 California Plumbing Code, Title 24 Part 5
g. The 2022 California Energy Code, Title 24 Part 6
h. The 2022 California Historical Building Code, Title 24 Part 8 i. The 2022 California Fire Code, And Appendices Chapters 4, A, B, BB, C, CC, D, H, I & J and errata, Title 24 Part 9
j. The 2022 California Existing Building Code Title 24 Part 10 k. The 2022 California Green Building Standards Code, Title 24 Part 11 l. The 2022 California Reference Standards Code, Title 24 Part 12 m. The 2018 International Property Maintenance Code

2. Amend the California Building Codes, as was done in the previous code adoption ordinance, to include provisions for construction that is unique to the City of Big Bear Lake such as:
a. Require illuminated street addressing;
b. Require all buildings to be designed to a 100 pound per square foot roof snow load and 85 pound per square foot ground snow load (as used for drift snow load); c. Require all roofing material to have a fire rating of Class A and prohibit shake roofs;
d. Eliminate the overlapping enforcement authority between the Fire Code and the Building Codes by granting the Building Official enforcement authority over building plan review and inspection.

3. Adopt the International Property Maintenance Code (IPMC), 2018 edition, in Title 8 and 15 of the Municipal Code. This is the same code that the City has been enforcing for the past 3 years. The IPMC follows the requirements of California Health and Safety Code pertaining to maintenance and habitability of buildings.

Per the Health and Safety Code, local amendments to the State building codes, except for administrative provisions, must be justified with local climatic, geological or topographical conditions, and the findings and justifications must be filed with the Building Standards Commission before the amendments can become effective.

The proposed ordinance would affirm the findings for the proposed amendments to the California Building Standards Codes, and direct the City Clerk to file the findings with the California Building Standards Commission.

FISCAL IMPACT
Any fiscal impact of this action is limited to training staff for the code updates through California Building Official’s Education Week and new code books, estimated at approximately $6,000.

Funding is available in the approved Fiscal Year 2022-23 Budget to cover these expenses.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under the Environmental Quality Act (CEQA) as this request is not considered a “project” subject to CEQA, pursuant to section 15378 of the State CEQA Guidelines.

RECOMMENDATION
Staff recommends that the City Council read the title, waive further reading and introduce an ordinance entitled:

ORDINANCE REPEALING ORDINANCE NO. 2019-475 AND ADDING AND AMENDING TITLE 8 (HEALTH AND SAFETY) AND TITLE 15 (BUILDINGS

AND CONSTRUCTION) OF THE BIG BEAR LAKE MUNICIPAL CODE

PERTAINING TO THE CONSTRUCTION AND MAINTENANCE OF

BUILDINGS, HOUSING, ABATEMENT OF DANGEROUS BUILDINGS, AND FIRE PREVENTION BY ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE AS FOUND IN TITLE 24 OF THE CALIFORNIA CODE OF

REGULATIONS COMPRISING THE CALIFORNIA BUILDING CODE,
VOLUMES 1 & 2, AND APPENDICES B, H, & J OF VOLUME 2, 2022 EDITION;

THE CALIFORNIA RESIDENTIAL CODE AND APPENDICES AH & AO, & AX, 2022 EDITION; THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION; THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; THE CALIFORNIA PLUMBING CODE, 2022 EDITION; THE CALIFORNIA ENERGY CODE, 2022 EDITION; THE CALIFORNIA HISTORICAL BUILDING CODE, 2022 EDITION; THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; THE CALIFORNIA FIRE CODE AND APPENDICES CHAPTER 4, A, B, BB, CC, D, H, I & J AND ERRATA, 2022 EDITION; THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; THE CALIFORNIA REFERENCE
STANDARDS CODE, 2022 EDITION: THE CALIFORNIA ADMINISTRATIVE CODE, 2022 EDITION; THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 EDITION

ATTACHMENT

1. Ordinance No. 2022-xxx
ATTACHMENT 1
ORDINANCE NO. 2022-xxx
ORDINANCE REPEALING ORDINANCE NO. 2019-475 AND ADDING AND AMENDING TITLE 8 (HEALTH AND SAFETY) AND TITLE 15 (BUILDINGS AND

CONSTRUCTION) OF THE BIG BEAR LAKE MUNICIPAL CODE PERTAINING

TO THE CONSTRUCTION AND MAINTENANCE OF BUILDINGS, HOUSING,

ABATEMENT OF DANGEROUS BUILDINGS, AND FIRE PREVENTION BY ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE AS FOUND IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS COMPRISING THE CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, AND APPENDICES B, H, & J OF VOLUME 2, 2022 EDITION; THE CALIFORNIA RESIDENTIAL CODE AND APPENDICES AH & AO, & AX, 2022 EDITION; THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION; THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; THE CALIFORNIA PLUMBING CODE, 2022 EDITION; THE CALIFORNIA ENERGY CODE, 2022 EDITION; THE CALIFORNIA HISTORICAL BUILDING CODE, 2022 EDITION; THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; THE CALIFORNIA FIRE CODE AND APPENDICES CHAPTER 4, A, B, BB, CC, D, H, I & J AND ERRATA, 2022 EDITION; THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; THE CALIFORNIA REFERENCE STANDARDS CODE, 2022 EDITION: THE
CALIFORNIA ADMINISTRATIVE CODE, 2022 EDITION; THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 EDITION

WHEREAS, Government Code Sections 50022, et seq. and California Health & Safety Code Section 17922 empowers the City of Big Bear Lake (“City”) to adopt by reference the California Building Standards Code as found in Title 24 of the California Code of Regulations; and WHEREAS, the California Building Standards Commission recently adopted new amendments to the California Building Standards Code; and
WHEREAS, California Health & Safety Code, Section 17958.5 authorizes cities and counties to modify the California Building Standards Code by adopting more restrictive standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City Council finds and determines that certain local climatic, geological or topographical conditions applicable to the City include, but are not limited to, the following:
(a) The City has a rural setting with many structures located on parcels such that their distance from the public right-of-way make it difficult for the address of the posted premises to be visible from the public right-of-way. Additionally, the absence of street lighting within significant portions of the City makes it difficult for emergency personnel to identify premises address numbers posted on structures. Therefore, it is reasonable to require the posting of an additional street address number sign adjacent to the property entrance when structures on the property are long distances from the public right-of-way. It is also reasonable to require internally illuminated street address number signs on structures located within the City and therefore amend Section 501 of the California Building Code to require illuminated street addressing.
(b) The City is located in an area, which due to its topography is highly susceptible to fires, strong winds and extreme weather conditions such as wind driven rain and snow. In other communities these similar climatic and vegetation conditions have contributed to the loss of or injury or damage to life and property, including 18,804 structures in the Camp Fire of 2018 which destroyed the City of Paradise, 5,643 structures in the Tubbs Fire, 1063 in the Thomas Fire of 2017, and 783 structures in the Atlas Fire of 2017. Since 2003, 1531 homes have been destroyed in the foothills and mountains of San Bernardino County; 993 in the Old Fire, 262 in the Slide Fire, 175 in the Grass Valley Fire, and, 96 in the Bluecut Fire. 100’s of deaths have occurred due to these fires besides the loss of structures. It is reasonable to require exterior walls, roof eaves, exterior decks, roof ventilators, attics and under-floor areas of residential construction to meet a higher level of fire-resistive construction standards than the fire-resistive construction standards applied to residential construction elsewhere in California. Therefore it is reasonable to amend Chapter 7A of the 2022 California Building Code and Section R337 of the 2022 California Residential Building Code to require eave, cornice, ridge and gable end roof ventilators and underfloor ventilators to be listed by the ventilator manufacturer as being resistant to the intrusion of flame and burning embers.
(c) According to the Big Bear Fire Authority (“Authority”), based on the California Building Code Standards 2022 edition, Standard 15-2, Class “A” roofing affords a much greater degree of fire protection which is more appropriate than Class “B” roofing for the peculiar weather conditions of the City. Fires occurring in homes with Class “B” roofing place a greater demand on Authority Firefighters than fires occurring in homes with Class “A” roofing and as such, diminish the Authority’s ability to control and prevent the spread of fire to surrounding property and structures. Therefore, based on the City’s climatic, geology and topographic conditions, it is reasonable to require all structures to be constructed with “Class A” roofing material and therefore amend Section 1505 of the 2022 California Building Code and Section R905 of the California Residential Building Code. (d) Existing wood shingle and wood shake roofs were installed prior to the implementation of requirements for installations within severe climate areas. Additionally, existing wood shingle and wood shake roofs provide for poor anchorage of fasteners intended to anchor new roof materials, as the fasteners split the weathered and brittle wood shingles and shakes. Therefore, it is reasonable to prohibit the installation of new roofing over existing wood shingle or wood shake roofs even though this practice is permitted elsewhere in California and therefore amend Section 1512 of the 2022 California Building Code and Section R908 of the 2022 California Residential Code.
(e) The City is located in an area, which due to its climate is susceptible to variable rates of snowfall during the year. The climatic conditions of the City require that the Building Official establish snow load requirements for buildings constructed within the City as specified in the California Building Code. Therefore, the Building Official has determined on the basis of the review of empirical data related to snow fall levels in the area, contacts with local engineering and architectural firms that perform construction design within the City, and the Contractor’s Advisory Board, and there is a consensus, that in order to ensure the public safety, requirements within the City should be a minimum roof snow load of 100 pounds per square foot or a ground snow load of 85 pounds per square foot in accordance with the provisions of Section 1608 of the 2022 California Building Code and Table R301.2(1) Climatic and Geographic Design Criteria of the 2022 California Residential Code.
(h) The City being in an area subject to high fire hazard and substantial snow accumulation has a need to insure that all structures exempt from building permits are constructed to reduce the spread of wildfires and withstand increased roof loads. Therefore to insure that these exempt structures meet minimum fire resistive design standards and snow accumulation conditions it is reasonable to amend Chapter 1 Section 105 of the 2022 California Building Code and Chapter 1 Division II Section R105 of the 2022 California Residential Code.
(i) The City contracts with the Big Bear Fire Authority for the purpose of fire suppression and wishes to establish consistency in the administration and enforcement of the California Code of Regulation Title 24 California Building Codes Parts 1 through 8, Part 9 Chapters 6, 7, 8 and 9, Part 10 and part 12 as they apply to building plan review and building inspection. Therefore, it is reasonable to designate the Building Official as the Fire Code Official for the enforcement and of these codes by amending section 202 of the California Fire Code 2022 edition; and
WHEREAS, the Municipal Code amendment does not involve an activity that may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change, and is, therefore, not considered a “project” subject to the California Environmental Quality Act (CEQA), pursuant to section 15378 of the State CEQA Guidelines.

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

Section 1. Findings. To the extent that the following changes and modifications to the Codes are deemed more restrictive that the standards contained in the California Building Codes thus requiring that findings be made pertaining to local conditions to justify such modifications, the City Council hereby finds and determines that the following changes and modifications are reasonably necessary due to local climatic, geological and topographical conditions.

Section 2. Section 15.04.010 of the City of Big Bear Lake Municipal Code is hereby amended in its entirety to read as follows:

15.04.10 Adoption of the California Code of Regulations.

The City adopts by reference and makes part of this Chapter by reference, subject to those certain amendments set forth in Section 15.04.020, the following California Building Codes and International codes (one copy of each is on file for use and examination by the public in the Office of the City Clerk):

A. California Administrative Code, Title 24 Part 1
B. California Building Code Volumes 1&2 and Appendix Chapters B, H, I, & J of Volume 2, 2022 edition, Title 24 Part 2;
C. California Residential Building Code and Appendix Chapters AH, AO, & AX, 2022 edition, Title 24 Part 2.5;
D. California Electrical Code 2022 edition, Title 24 Part 3; E. California Mechanical Code 2022 edition, Title 24 part 4; F. California Plumbing Code 2022 edition, Title 24 Part 5; G. California Energy Code 2022 edition, Title 24 Part 6; H. California Historical Building Code 2022 edition, Title 24 Part 8; I. California Fire Code and Appendices Chapter 4, A, B, BB, C, CC, D, H, I & J and errata, 2022 edition Title 24, Part 9;
J. California Existing Building Code 2022 edition, Title 24 Part 10; K. California Green Building Standards Code 2022 edition, Title 24 Part 11; L. California Referenced Standards Code 2022 edition Title 24 Part 12; M. International Property Maintenance Code, 2018 edition.

Section 3. Section 15.04.020 of the City of Big Bear lake Municipal Code is hereby amended to read in its entirety as follows:

15.04.20 Amendments to the California Code of Regulations.

The following amendments to the 2022 California Code of Regulations are adopted to read as follows:

A. Chapter 1 Section 105.2 of the California Building Code and Chapter 1, Division II Section R105.2 of the 2022 California Residential Code is amended to read as follows:
“105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction including but not limited to the City of Big Bear Lake Development Code.

Permits should not be required for the following:

A Building Permit is not required for the following:

1. One story detached accessory structures to a Group R-3 occupancy used as tool and storage sheds, playhouses/treehouses, gazebos and other similar non-habitable structures, provided the floor area does not exceed 120 square feet (11 m2 ). These
accessory structures shall not exceed 10’ to the peak of the roof from grade level.

2. Non-masonry fences not over 6 feet (1829 mm) high.

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge, impounding Class I, II or IIIA liquids or retaining soils greater than 18 inches (457 mm) in depth at greater than a 2:1cut slope.

5. Water tanks supported directly on level compacted grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

6. Sidewalks and driveways, not more than 30 inches (762 mm) above adjacent grade not exceeding a 1in 8 slope (12.5 percent grade), not adjacent to a slope greater than 1 in 2, not located over any basement or story below and not part of an accessible means of egress or an accessible route as defined by Chapter 11A and 11B of California Building Code.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work that does not alter an accessible means of egress or an accessible route as defined by Chapter 11A and 11B of California Building Code.

8. Temporary motion picture, television, and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to a Group R-3 occupancy.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do no project more than 24 inches (609.6 mm) from the exterior wall.

13. Non-fixed and movable fixtures, cases, racks, counters and partitions, not over five feet nine inches (1753 m) in height and not placed in the accessible means of egress or an accessible route as defined by Chapter 11A and 11B of the California Building Code.

14. Decks accessory to a Group R-3 occupancy not exceeding 200 square feet (18.58 m2
) in area, that are not more than 30 inches (762 mm) above natural grade at any point, are not within 10 feet (9.29m) of a dwelling, and do not serve the exit door required by Section R311 of the California Residential Building Code.

FPN: Forced Air Units, Water Heaters, and Windows are no longer exempt from permits as adopted in previous versions of the BBMC section 15.04.020.

An Electrical Permit is not required for the following:

1. Listed cord-and-plug connected temporary decorative lighting installed for a period of less than 90 consecutive days or as approved by the Building Official.

2. Reinstallation of attachment plug receptacles and lighting devices but not the outlets therefore.

3. Replacement of branch circuit over current devices of the required capacity in the same location.

4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

5. Electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

6. Temporary installations of systems required for testing or servicing of electrical equipment or apparatus.

7. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

A Mechanical Permit is not required for the following:

1. Portable heating and cooking or clothes drying appliances.

2. Portable ventilation appliances.

3. Portable cooling units.

4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

6. Portable evaporative coolers.

7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.

8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

A Plumbing Permit is not required for the following:

1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

B. Chapter 1, Section 105.5 of the California Building Code and Chapter 1, Division II Section R105.5 of the 2022 California Residential Code is amended to read as follows:
105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Beginning January 1, 2020, every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if all work by said permit is not completed within 36 months from the date of issuance of the building permit. (1) Before such work can be recommenced, a permit extension, as specified in Subsection A, shall be first obtained. No permit shall be extended more than twice. (2) Time limits will not be increased by issuance of subsequent building permits for the same project.
(3) When a project is divided into separate permits by the applicant, the work on such permits is to be done concurrently, the time allowed to complete all work on each separate permit shall be established from the initial permit issuance date. (A) Extensions and Fees.
a. Any permittee holding an active permit may apply in writing for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons, he or she is unable to continue work within the time required by this section due to circumstances beyond the control of the permittee. The written request must demonstrate that:
i. Due to circumstances beyond the owner's or permittee's control, construction could not be commenced, continued or completed in the authorized time period,
ii. If the construction has started, substantial progress has been made, iii. The condition of the property presents no health or safety hazard, and,
iv. The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to the neighboring property owners.
b. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months. Payment of the building permit extension fee shall be required. The extension fee shall be calculated as the greater of two percent (2%) of the estimated total project valuation or five-hundred dollars, whichever is greater.
c. Building permits shall not be extended more than twice, and each extension shall not exceed six months.

C. Section 501.2 of the California Building Code and Section R319 of the California Residential Code are amended to read as follows:
“Approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property.

Address numbers and internal illumination shall be maintained.

The addresses for new dwellings shall be posted with a minimum of four inch (4”) high numbers with proportionate width that are plainly visible from the street. During hours of darkness, the numbers shall be internally illuminated. Posted numbers shall be placed on a contrasting background. Where building setbacks exceed one hundred feet (100’) from the street or road fronting the property, additional contrasting four inch (4”) high numbers shall be displayed at the property entrance.

The addresses for new multi-family, new commercial and new industrial buildings shall be posted with a minimum of six inch (6”) high by three-quarters inch (3/4”) stroke numbers. During the hours of darkness, the numbers shall be electrically illuminated.

Where the building setback exceeds 200 feet from the roadway, additional nonilluminated contrasting six inch (6”) high by three-quarters inch (3/4”) stroke numbers shall be displayed at the property entrance. New multi-family, new commercial and new industrial buildings shall display address/suite numbers or letters six inch (6”) high by three-quarters inch (3/4”) stroke placed on a contrasting background on the front and rear doors of each suite/unit.”
D. Chapter 7A of the California Building Code (CBC) and Section R337 of the California Residential Code (CRC) is adopted in its entirety with the amendments to read as follows:
709A.1.2 (CBC), R337.9.1.2 (CRC) Clearance. Decks with less than 48 inches of clearance from finished grade to deck joists shall be enclosed with screen material with openings no greater ¼” maximum to prevent accumulation of trash, pine needles, etc.

E. Chapter 9, Section 903.2 of the California Building Code and the California Fire Code is hereby amended to read as follows:
903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures, including pre-manufactured structures, shall be provided in the locations described in Sections 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21.

F. Chapter 9, Section 903.2.11.7 is hereby added to the California Building Code and the California Fire Code to read as follows:
903.2.11.7 Building Fire Area 5,000 Square Feet or More in Size. An approved automatic fire sprinkler system shall be provided throughout in all newly constructed buildings and structures of any occupancy group when the gross fire area, as defined in the California Building Code, is equal to or exceeds 5,000 square feet.

EXCEPTIONS: Detached Group U occupancies accessory to a one- or two-family dwelling that are not used for commercial or industrial purposes.

G. Chapter 9, Section 903.2.11.8 is hereby added to the California Building Code and the California Fire Code to read as follows:
903.2.11.8 Additions to Existing Buildings. When an addition to an existing structure results in a structure having a fire area of more than 5,000 square feet and such addition is 50% or more of the original square footage, the entire structure shall be provided with an automatic sprinkler system.

H. Chapter 9, Section 903.6 is hereby added to the California Building Code and the California Fire Code to read as follows:
903.6 Freeze Protection. All sprinkler systems shall be suitably freeze-protected for climatic conditions as prescribed by the fire code official.

I. Section R313.2, Exception of the Residential Code is hereby amended to read as follows:

Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system where the addition or alteration is less than 50% of the original square footage or does not result in the creation of a fire area of more than 5,000 square feet.

J. Section R313.3.5.2 of the California Residential Code is hereby amended to read as follows:

R313.3.5.2 Required Capacity. The water supply shall have the capacity to provide the required design flow rate for sprinklers for a period of time as follows:

1. The water supply shall have the capacity to provide the required design flow rate for sprinklers for a minimum of 10 minutes regardless of the square footage or number of stories.

2. Where a well system, a water supply tank system, a pump, or a combination thereof is used, the water supply shall serve both domestic and fire sprinkler systems. Any combination of well capacity and tank storage shall be permitted to meet the capacity requirement.

Exception: Where a residential fire sprinkler system is supplied by a stored water source with an automatically operated means of pressurizing the system other than an electric pump, the water supply may serve the sprinkler system only.

K. Section 1512.3 of the California Building Code is amended by adding Section 1511.3.2 and Section R908.3 of the California Residential Code is amended by adding Section R908.3.2 to read as follows:
“Re-roofing over existing wood shingle or wood shake roofing is not permitted”.

Section 4. Section 15.32 of the City of Big Bear Lake Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.32 – GENERAL PROVISIONS FOR CALIFORNIA CODE OF REGULATIONS

15.32.010 - General provisions.

The requirements of this chapter are general in nature and apply to all the provisions in this Division I.

15.32.020 - Substitutions of references.

Whenever in any of the codes adopted in this division there appears a reference to the following names or terms, those names or terms shall be deemed and construed as follows:

A. "City of" or any other similar reference to a political entity means the city of Big Bear Lake, California.

B. "City Council" means the City Council of the City of Big Bear Lake, California.

C. "Building Official," "electrical safety engineer," "administrative authority" or any other similar term which makes reference to the individual official, board, department, or agency created by law to administer and enforce the provisions of the codes adopted in this division means the "director of building and safety and his authorized assistants."
D. “Codes” means the California Code of Regulations as adopted by the City of Big Bear Lake per Section 15.04.010.

15.32.030 - Permit fees.

Any and all references to fees in any of the codes adopted in this division are deleted and referenced to fees which shall be established by the City Council by resolution or ordinance from time to time.

15.32.040 - Annual permits.

A. Where any person, firm or corporation in the course of normal maintenance procedures proposes to install, alter or repair any electrical wiring, devices, appliances, plumbing, drainage systems, septic tanks, seepage pits, leaching lines, heating, ventilating, refrigeration or water conservation equipment in an existing facility located on property under the direct control of such person, firm or corporation and is able to, and does in fact, furnish inspection service which meets the requirements and rules and regulations of this code, and whose operations are under the continuous supervision of a professional engineer or engineers, duly registered with and licensed by the state of California, such person, firm or corporation shall not be required to obtain approval at each consecutive inspection step of the installation, alteration or repair but shall be required only to obtain an annual permit or annual permits and assure that the work in progress is accessible to the director of building and safety for such periodic inspections as he may deem necessary.

B. The designated responsible supervising engineer shall file with the Building and Safety Department a written report specifying the work done under the issued annual permit. Such written report shall be filed with the department of building and safety within thirty days following the end of the fiscal year for which the permit was issued.

15.32.050 - Interpretation of code.

It shall be the duty of the building official to enforce the provisions of the codes and to determine the intent and meaning thereof. Any determination or decision, made by the building official which is in dispute is subject to review and final decision by the board of appeals as established by Section 1.8.8 and Appendix B of the California Building Code as adopted in this code per Section 15.04.010. The board of appeals shall have no authority relative to interpretation of the administrative provisions of the codes nor shall the board be empowered to waive requirements of the codes.

15.32.060 - Preliminary soil report—Approval of final subdivision map.

A. Subdivision maps shall not be given a final approval until a preliminary soil report, prepared by a civil engineer, registered by the state of California, has been filed with and approved by the director of building and safety.

B. The preliminary soil report shall indicate the presence, if any, of expansive soils or any other soil problem which, if not corrected, would lead to structural defects. If defective soil conditions are indicated, the preliminary report shall include recommendations for corrective measures intended to prevent structural damage to buildings erected on the site. Acceptance and approval of these recommendations shall not preclude the consideration and approval of alternate methods of correction which may be submitted by any other California registered civil engineer when accompanying a permit application for construction of a specific building or buildings.

C. The preliminary soil report shall be based upon test borings or excavations. The number of borings or excavations shall be adequate to determine fully the extent and degree of soil problems, if any, which exist in the proposed subdivision; provided, however, that not less than three such borings or excavations shall be required for each report. If critically defective soil conditions are disclosed by initial borings or excavations, additional borings or excavations shall be made at the probable building location on each lot or parcel within the subdivision. Appropriate notations shall be made upon the subdivision map so as to indicate the location and type of defective soil noted in the preliminary report.

D. The Chief Building Official shall approve the preliminary soil report:

1. If no defective soils are present on the site; or

2. If the corrective measures recommended in the report would be likely to prevent structural damage to any buildings constructed on the site.

E. The preliminary soil report may be waived when the sole purpose of the subdivision map is to assemble small lots or parcels into larger lots or parcels or to define, adjust or correct property lines of existing subdivisions.

F. The issuance of a building permit for the construction of a building on a lot or parcel of land which has been found to have defective soils shall be conditioned to the incorporation of an approved corrective measure intended to prevent structural damage to the building.

15.32.070 - Water conservation.

Water used as a coolant in any stationary equipment or machinery, or water utilized for heating or cooling in an industrial process, shall not be wasted but shall be recirculated and reused. Every evaporative cooler shall be equipped with a circulating pump.

15.32.080 - Penalty for violation.

It is unlawful for any person to erect, construct, enlarge, alter, repair, move, use, occupy or maintain any building, structure, equipment, or portion thereof in the city or cause the same to be done contrary to or in violation of any provision of this title or any provisions of the codes, rules or regulations adopted in this title. No person shall violate any of the provisions, or fail to comply with any of the requirements of this title. Where work for which a permit is required by the codes adopted in this division is started or proceeded with prior to obtaining the permit, the specified fees shall be doubled, but the payment of such penalty fee shall not relieve any persons from fully complying with the requirements of these codes in the execution of the work nor from any other penalties prescribed herein; provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the director of building and safety that such work was urgently necessary and that it was not practical to obtain a permit therefor before commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. Any section in any of the codes adopted in this division which is in conflict to this section is hereby repealed.

15.32.090 - Interpretation, legal procedure and penalties.

A. Interpretation. In interpreting and applying the provisions of this division, the provisions shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare.

B. Penalties. Any building or structure erected or maintained, or any use of property contrary to the provisions of this division shall be and the same is declared to be unlawful and a public nuisance and the city attorney shall, upon order of the director of building and safety, immediately commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to the provisions of this division. It shall be the right and duty of every citizen to participate and assist the city officials in the enforcement of the provisions of this division.

1. All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.

2. Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this division, or of any permit or exception granted hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable for each such offense by a fine of not more than one thousand dollars or by imprisonment in the city jail for a term not to exceed six months, or both such fine and imprisonment.

No suspension of sentence or probation shall be granted to any such violator unless there is included in the terms thereof that the violator shall comply with the provisions which he has been convicted of violating and shall abate or correct the illegal condition, alteration, enlargement, conversion, movement or maintenance of any building established, constructed, operated or maintained contrary to the provisions of this code.

3. Each such person, firm or corporation shall be deemed guilty of a separate offense upon each day during any part of which any violation of any of the provisions of this division is committed, continued, permitted or maintained by such person, firm or corporation and shall be punishable therefor as herein provided.

4. A notice of pendency of administrative action or proceeding may be filed in the recorder's office at the time of commencement of action or proceeding or at any time before final judgment or order. The recorder shall record and index the pendency of action in the name of each person specified in the action or proceeding.

After all required work has been completed and approved, the director of building and safety shall record in the office of the recorder a document terminating the above notice.

5. In the event that any person, firm or corporation shall fail, neglect or refuse to demolish, remove, abate or correct a structure or condition existing in violation of this division, upon his or its property after a civil court order or criminal conviction obtained pursuant to this section the city council may order the director of building and safety to demolish, remove, abate or correct the offending structure or condition. A statement of the cost of such work shall be transmitted to the city council who shall cause the same to be paid and levied as a special assessment against the property.

15.32.100 - Findings.

The City Council finds that these regulations and provisions and those of the codes adopted in this division are in compliance with Section 17922 of the Health and Safety Code of the state of California and that the modifications and changes herein made to the model codes herein adopted are necessary due to local conditions.

15.32.110 - Validity.

If any chapter, section, subsection, sentence, clause or phrase of this division is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this division nor its application to other persons or circumstances. The City Council declares that it would have passed this division and each chapter, section, subsection, clause, sentence or phrase thereof, irrespective of the fact that any one or more section, subsection, clause, sentence and phrase be declared unconstitutional.

Section 5. Chapter 15.33 of The City of Big Bear Lake Municipal Code is amended in its entirety to read as follows:

15.33.010: International Property Maintenance Code, 2018 Edition.

The 2018 International Property Maintenance Code (IPMC), including appendix A, is adopted in its entirety, subject to the amendments, additions, and deletions set forth in this chapter. The IPMC will apply to all occupancies identified by the California Building Code. One copy of the IPMC is on file in the office of the City Clerk and Building Department, which is available for public viewing as required by law.

15.33.020: Amendments.

The following amendments to the 2018 International Property Maintenance Code are adopted to read as follows:

A. All references to “International” codes shall be replaced with “California” codes.

B. Section 101.1 is hereby replaced in its entirety with the following:

Section 101.1 Title. These regulations shall be known as The City of Big Bear Lake International Property Maintenance Code.

C. Section 102.3 is hereby replaced in its entirety with the following:

Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Code of Regulations as amended and adopted by The City of Big Bear Lake or Title 24 inclusive of the State Housing Law.

D. Section 102.7.1 is hereby replaced in its entirety with the following:

Section 102.7.1 Conflicts. Where conflicts occur between provisions of this code, and the California Code of Regulations as amended and adopted by The City of Big Bear Lake, The City of Big Bear Lake Municipal Code, or Title 24, the most restrictive shall govern.

E. Section 103.5 is hereby replaced in its entirety with the following:

Section 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under the IPMC shall be per the most recent adopted fee schedule adopted by the City of Big Bear Lake City Council.

F. Section 104.3 is hereby amended as follows:

Section 104.3 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. Any and all costs incurred by the city in connection with securing lawful entry to a structure or premise including but not limited to, costs of investigation, staffing costs incurred in the preparation of warrants, and all subsequent costs necessary to enforce compliance with the provisions of this Code may be recovered including late payment charges and costs of collection by use of any and all available legal means.

Justification:

1. To clarify the process of cost recovery where the Right of Entry for inspection of a premise or structure is refused.

G. Section 107.4 is hereby replaced in its entirety as follows:

Section 107.4 Unauthorized tampering. Placards, notices, signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with, or removed without authorization from the code official. Any person violating this subsection shall be guilty of a misdemeanor.

Justification

1. To include the terms " Notices" and " Placards" referenced in 2018 IMPC 108.3 & 108.4 and comply with 1997 Uniform Housing Code Sec. 1104.2 and 1997 Abatement of Dangerous Buildings Section 404.1.

H. Section 107.7 is hereby added as follows:

Section 107.7 Recordation of Notices and Orders. If compliance with the order is not achieved within the time specified therein, and no appeal has been properly and timely filed, the code official is authorized to file in the office of the county recorder a certificate describing the property and certifying (i) that the premise, building, structure or building service equipment is in violation of this code or the technical codes and (ii) that the owner has been so notified. Whenever the ordered corrections have been completed and the violations no longer exist on the property described in the certificate, the code official shall issue a new certificate certifying that all required corrections have been made.

Justification:

1.To comply with the recordation guidelines in the 1997 Abatement of Dangerous Buildings code Section 402.

I. Section 108.1 is hereby amended as follows:

Section 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall posted in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this code.

Justification:

The section focused on condemnation only, revised it to more closely follow the language from Section 202 of the Dangerous Building Code.

J. Section 108.1.4 is hereby amended as follows:

Section 108.1.4 Unlawful structure. An unlawful structure is; one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to law; or one that is partially constructed, reconstructed or demolished upon which work is abandoned. Work is deemed abandoned when there is no valid building or demolition permit.

Justification:

1. To include a portion of 1997 Dangerous Building Code Section 302 (18) K. Section 108.2 is hereby amended as follows:

Section 108.2 Unsafe Equipment. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource.

Justification:

1. The section referenced posting the structure for condemnation only however we post several different types of placards.

L. Section 108.3 is hereby amended as follows:

Section 108.3 Notice. Whenever the code official posts a structure, equipment or premise under the provisions of this section, the posting shall be in a conspicuous place in or about the affected structure, equipment or premise and a notice in the form specified in Section 107.2 shall be served on the owner, owner’s authorized agent or the person or persons responsible for the structure, equipment or premise. If the posting pertains to equipment, it shall also be placed on the equipment. The notice shall be in the form prescribed in Section 107.2.

Justification:

1. The section focused on posting structures or equipment for condemnation only however we use several different types of posting.

M. Section 108.4 is hereby replaced in its entirety with the following:

Section 108.4 Posting and placarding. When the code official determines a structure, equipment or premise has been erected, constructed, enlarged, altered, repaired, moved, improved, removed, damaged, converted or demolished, equipped, used, occupied or maintained in violation of this code and the structure, equipment or premise constitutes a danger to the life, limb, property or safety of the public or the occupants, the code official shall post a placard on the structure, equipment or premise in a conspicuous place in or about the affected structure, equipment or premise. The placard shall clearly state the code official’s Order regarding the structure, equipment or premise, and specify the conditions which necessitated the posting.

Justification:

1.The section focused on posting structures or equipment for condemnation only however we use several different types of posting.

N. Section 108.5 is amended as follows:

Section 108.5 Prohibited Occupancy. It shall be unlawful for any person, owner, owner’s authorized agent or person responsible for the premise to occupy or allow to be occupied a placarded structure or premise or operate placarded equipment in violation of the code official’s posted order.

Justification:

1. The section focused on posting structures or equipment for condemnation only however we use several different types of posting.

O. Section 108.7 is amended as follows:

Section 108.7 Recordation of notice and order. If the dangerous, damaged or substandard building is not repaired or demolished by the owner within the prescribed time(s), and no appeal has been properly and timely filed, the code official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building and (ii) that the owner has been so notified, if such recordation has not already been made during the course of the proceedings.

Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building described in the certificate, the code official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate.

P. Section 111.1 is appended to add the following sentence:

Section 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. In order for the application for appeal to be valid, payment of the appeal hearing fee must be received at the time of the application for appeal is submitted to the city.

Q. Section 112.4 is hereby replaced in its entirety with the following:

Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order is in violation of this code shall receive a penalty per IMPC Section 106.4.

R. Section 202 is amended as follows:

Section 202 Garbage. Garbage shall be defined pursuant to Big Bear Lake Municipal Code Section 8.64.010.

Justification:

1. Big Bear Lake Municipal Code Section 8.64.010 has already defined this term.

S. Section 202 is amended as follows:

Section 202 Rubbish. Rubbish shall be defined pursuant to Big Bear Lake Municipal Code Section 8.64.010.

Justification:

2. Big Bear Lake Municipal Code Section 8.64.010 has already defined this term.

T. Section 302.1 is amended as follows:

Section 302.1 Sanitation. The property exterior and premises shall be maintained by the property owner in a clean, safe, and sanitary condition. In residential zones, accumulations of building materials, junk, rubbish, garbage, debris, scrap materials, boxes or similar storage containers, household items or residential belonging or similar objects, except items designed for exterior use such as lawn furniture, shall not be stored or maintained in the front yard area or unenclosed patios, porches or areas visible from any street or public way or accessible to the public for a period of time in excess of seventy –two consecutive hours. Property owners shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The owner of any building lot or premises within the City where a business, trade or profession has established a fixed place of business pursuant to Big Bear Lake Municipal Code section 8.04, shall also comply with the requirements of Title 8 of the Municipal Code.

Justification:

1. The property owner is always held responsible for the proper maintenance of their property. This also sets a standard and time-frame that exterior storage is allowed in residential zones and refers user to Title 8 for specific requirements for commercial uses/properties.

U. Section 302.2 is hereby appended with the following:

Section 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Excess or concentrated drainage shall be contained on site or directed to the nearest practicable drainage facility approved by the code official.

Justification:

1. To comply with 2019 California Building Code Section J109.4 V. Section 302.4 is amended as follows:

Section 302.4 Weeds. The term [JURISDICTION TO INSERT HEIGHT IN INCHES] shall be replaced by “4 inches” in accordance with The City of Big Bear Lake Municipal Code Sections 17.10.070 and 17.25.100.”
W. Section 302.8 is hereby appended as follows:

Section 302.8 Motor Vehicles. Add sentence to paragraph: “Refer to Municipal Code Chapter 8.82 for vehicle abatement and removal regulations.” X. Section 303.2 is hereby amended with the following:

Section 303.2. Enclosures. Except as provided for in other regulations, private swimming pools, hot tubs, spas and ponds, containing water more than 18 inches (457 mm) in depth shall be completely surrounded by a fence or barrier 60 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced, changed or maintained in a manner that reduces its effectiveness as a safety barrier.

Exception: Pool fences or barriers that do not meet the above minimum requirements can remain as long as the fence or barrier complied with the building code provisions at time of building permit and passed the final inspection from the city.

Justification:

1. To comply with the guidelines of the 2019 California Building Code Section 3119B and the Swimming Pool Safety Act of the California Health & Safety Code Section 115920.

Y. Section 304.14 is hereby amended with the following:

Section 304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Z. Section 304.15 is hereby amended with the following:

Section 304.15 Doors. All exterior doors, door assemblies including weather stripping, thresholds, and hardware shall be maintained in good condition.

Justification

1. To comply with California Health and Safety Code Section 17920. 3.

AA. Section 304.16 is hereby amended with the following:
304.16 Under-Floor areas. Under-floor access doors and ventilation openings shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosionresistant wire mesh having openings not exceeding 1/4 inch and minimum of 1/8 inch in any dimension or alternate approved materials pursuant to 2019 CBC 1202. 4. 1.

Justification:

1. To comply with California Health and Safety Code Section 17920. 3.

BB. Section 304.18.2 is hereby amended with the following:
304.18.2 Windows. Operable windows that provides access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device when they are located in whole or in part within 12 feet above ground level or walking surface or 6 feet horizontally from the ground, a roof, or any other platform.

Justification

1. To comply with California Civil Code Section 1941. 3(a) 2.

CC. Section 305.1 is hereby amended with the following:
305.1 General. The interior of a structure and equipment therein including but not limited to cabinets, counters and hardware shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property Justification:

1. To comply with California Health and Safety Code Section 17920.3(a) 14 DD. Section 305.6 is hereby amended with the following:
305. 6 Interior Doors. Every interior door and hardware shall be properly installed and maintained in a workmanlike manner and capable of being opened, closed and latched.

Every interior door shall fit reasonably well within its frame and shall be securely attached to the jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

Justification:

1. To comply with California Health and Safety Code Section 17920.3(a) 14 EE. Section 307.1 is hereby replaced in its entirety with the following:

Section 307.1 General. Handrails and guards shall be constructed and maintained in accordance with the California Code they were permitted under.

FF. Section 309.1 is hereby amended with the following:
309.1 Infestation. All structures shall be kept free from insect, rodent and vermin infestation. When an insect, rodent or vermin infestation is brought to the attention of the code official, he or she may require the owner or owner’s authorized agent having charge or control of the building, lot or premise to hire a licensed exterminator or other qualified professional to inspect the building, lot or premise and provide a written report verifying the presence and severity of such infestation including in the report a recommendation for proper extermination of the infestation. All structures in which insect, rodent or vermin infestations are found, shall be promptly exterminated by approved processes that will not be injurious to human health. After the extermination of the infestation is complete, the code official may request a written notice from the licensed exterminator or other qualified profession attesting to the completion and success of the recommended extermination procedures. After the infestation is eliminated, proper precautions shall be taken to prevent reinfestation.

Justification:

1. California Health and Safety Code Sec 17920.3(12) states "Infestation of insects, vermin, or rodents as determined by the health officer." renders dwelling units substandard. The language has been amended to clarify the process.

GG. Section 602.3 is hereby amended with the following:
309.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. The owner of a structure or premise containing a dwelling unit, multiple occupancy, rooming house or a nonresidential structure shall be responsible for maintaining the structure and premise in a rodent and/ or pest -free condition. If an infestation is caused by an occupant substantially failing to properly maintain their occupied area of the structure or premise as clean and sanitary as the condition of the structure or premise permits". For as long as the occupants failure either substantially causes an unlivable condition to occur, or substantially interferes with the owners ability to repair the condition, the owner does not have to repair the condition.

Where the infestation is caused by defects in the structure, the owner shall be responsible for extermination.

Justification:

1. To agree with California Civil Code Section 1941. 2(a) HH. Delete Sections 309.3 Single Occupant through Section 309.5 Occupant in their entirety:

Justification:

1. To comply with the California Tenants Handbook guidelines.

II. Section 404.4.1 is hereby amended with the following:

Section 404.4.1 Room Area. Every habitable room except kitchens shall contain not less than 70 square feet ( 6. 5 m2) and every bedroom shall contain not less than 70 square feet ( 6. 5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof.

Justification:

1. This section revised to comply with 2022 California Residential Code requirements of Section R304.

JJ. Section 505.4 is hereby amended with the following:

Section 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed unless the installation complies with Chapter 5 of the 2022 California Plumbing Code and Section 904.0 of the 2022 California Mechanical Code. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

Justification:

To comply with 2022 California Residential code guidelines for temperature measurements and reference the requirements of the CPC and CMC.

KK. Section 602.2 is hereby amended with the following:

Section 602.2 Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms as measured per IPMC Section 602.5. Cooking appliances or fireplaces shall not be used, nor shall portable space heaters be used, as a means to provide required heating.

LL. Section 602.3 is hereby amended with the following:

Section 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms MM. Section 602.4 is hereby amended with the following:

Section 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

NN. Section 702.1, is hereby amended with the following:

Section 702.1 General: A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Building Code.

OO. Section 704.6.1, Exception 4 is added as follows:

Section 704.6.1, Exception 4: Structures that are a part of the TPHR program (Temporary Housing Rentals) shall comply with the current adopted codes per City of Big Bear Lake Municipal Code Section 15.04.010.

Section 6. Section 15.34.020 of the City of Big Bear Lake Municipal Code is hereby amended in its entirety to read in as follows:

15.34 – ROOF SNOW LOAD REQUIREMENTS

15.34.010 Applicability of Provisions
The provisions of this chapter are minimal requirements and apply to all construction, erection, enlargement, alteration, repair, moving, conversions, change of occupancy (use) and maintenance of building(s) and/or structure(s) within the city.

15.34.020 Design Requirements.

A. Section 1608 of the California Building Code is amended to by adding Section 1608.1.1 to read as follows:
“The following roof design requirements for snow load shall apply within the City of Big Bear Lake: Buildings and other structures and all portions thereof that are subject to snow loading shall be designed to resist a roof snow load, Pf, of one-hundred (100) pounds per square foot snow load.”
B. Section 1608 of the California Building Code is amended by adding Section 1608.2.1 to read as follows:
“The following roof design requirements for snow loads shall apply within the City of Big Bear Lake: The ground snow load design per square foot shall not be less than eight-five (85) pounds as used for drift snow load”
C. Table R301.2(1) Climatic and Geographic Design Criteria of the California Residential Code by adding the following design criteria values as listed below in items 1 through 12 to read as follows:

1. Ground Snow Load: 85psf; Roof Snow Load: 100psf;

2. Wind Design Speed: 85 mph;

3. Wind Design Topographic Effects: No;

4. Seismic Design Category: E;

5. Subject to Weathering From Weathering: Negligible;
6 Subject to Weathering From Frost Line Depth: 18 inches;

7. Subject to Weathering From Termites: Yes;

8. Winter Design Temperature (Zone): 16;

9. Ice Barrier Underlayment Required: Yes;

10. Flood Hazards: FIRMs Numbers 06071C8005 H, 06071C8007 H, 06071C8010 H, 06071C7290 H, 06071C7295 H and 06071C8026 H;

11. Air Freezing Index: 500;

12. Mean Annual Temperature: 48 degrees Fahrenheit.

Section 7. Section 15.36 of the City of Big Bear lake Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.36 – FIRE RETARDANT ROOF COVERINGS

15.36.010 - Applicability of provisions.

The provisions of this chapter are minimal requirements, and apply to all construction, erection, enlargement, alteration, repair, moving, conversions, change of occupancy (use) and maintenance of building(s) or structure(s) within the City of Big Bear Lake. All such buildings or structures shall be made to comply with this chapter: (i) when such building or structure is increased by twenty-five (25) percent or more of the building or structure's square footage; (ii) prior to, and as a condition precedent to, final approval by the city building official, or his or her designee, of the remodeling of the building or structure where the replacement of the wood shake shingle roof would cost less than fifty (50) percent of the total calculated value of the remodel; or (iii) prior to, and as a condition precedent to, the issuance, reissuance or renewal of any private home rental license, or the reinspection of a building or structure for the purposes of the reissuance or renewal of such a license. When the provisions of the California Building Code, which is adopted by the city, are in conflict with these provisions, the more restrictive in terms of fire resistance or fire retardance shall apply.

15.36.020 – Construction requirements.

A. Section 1505 of the California Building Code is amended by adding Section 1505.1.4 and Section R902.1 of the California Residential Code is amended by adding Section R902.1.4 to read as follows:
“The entire roof covering of any building hereafter constructed, including re-roofing of existing buildings exceeding ten percent (10%) or more of the existing roof, shall be Class “A” covering as defined in Chapter 15 of the California Building Code. The removal of more than twenty-five percent (25%) of the roof sheathing and or supporting structural components shall constitute a new roof thereby requiring the entire roof structure that is under repair to be in compliance with the California Building Code”.

B. Louvers, ventilators or openings in walls, roofs, attics, and underfloor areas having headroom less than four feet in height which are not fitted with sash or doors, shall be covered with wire screen. The screen covering such openings shall be of galvanized metal or copper and shall have a maximum mesh of one-eighth inch. Such underfloor areas four feet or more in height shall comply with subsection C of this section. Eavetype attic ventilators are not permitted. The space between rafters at exterior walls shall be solidly filled with tight-fitting wood blocks one and one-half inches thick.

C. Unenclosed underfloor areas of stilt-type or cantilevered-type construction, when constructed of wood, shall have structural members with a least dimension of six inches nominal, or be protected with materials approved for one-hour fire-resistive construction on all exposed surfaces. Floor decking, when of wood, shall be one and one-half inch nominal thick tongue and groove plywood, or be protected with materials approved for one-hour fire-resistive construction on the underside.

D. Cantilevered or standard type decks shall be constructed with minimum one and onehalf inch thick wood decking or be of incombustible or one-hour fire-resistive construction on the underside.

E. Every chimney used in conjunction with any fireplace, incinerator, or heat-producing appliance in which solid or liquid fuel is used, shall be maintained with a spark arrestor constructed with heavy wire mesh or other noncombustible materials with openings not to exceed one-half inch mounted in or over all outside openings, in a vertical or near vertical position visible from the ground.

F. The chief building official may waive the requirements of this section on those properties where it is determined by the chief of the fire department having jurisdiction that none of the following conditions exist:

1. Insufficient water supply or pressure;

2. Inadequate accessibility for fire suppression equipment;

3. Located in or within four hundred feet of a hazardous fire area as determined by the chief of the fire department.

Section 8 Section 15.40 of the City of Big Bear Lake Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15.40 - CALIFORNIA FIRE CODE

15.40.010 Amendments to California Fire Code.

I. Chapter 1, Section 101.1 of the California Fire Code is hereby amended to read as follows:
101.1 Title. These regulations and adopted standards and interpretations, as approved by the fire code official, shall be known as the “Fire Code of the Big Bear Fire Authority”, hereinafter referred to as, “Big Bear Fire Authority Fire Code, or “this code.”
II. Chapter 1, Section 103.2 of the California Fire Code is hereby deleted.

III. Chapter 1, Section 104.11 of the California Fire Code is hereby amended to read as follows:
104.11 Fire Investigations. The fire code official, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Department investigators designated by the Fire Chief, shall have the powers of a peace officer in performing their duties and are authorized to conduct investigative detentions, issue criminal citations and make arrests pursuant to California Penal Code Section 830.37 and this code. The fire code official shall pursue any investigation to its conclusion.

Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law.

IV. Chapter 1, Section 104.13 is added to the California Fire Code and is to read as follows:
104.13 Cost Recovery. Fire suppression, investigation, plan review, administrative costs, and rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1 and by Department resolution.

V. Chapter 1, Section 104.14 is added to the California Fire Code and is to read as follows:
104.14 Expenses for Securing an Emergency. Any person who negligently or intentionally, or in violation of law, causes an emergency response, including, but not limited to, a traffic accident or spill of toxic or flammable or combustible liquids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Health and Safety Code Section 13009 et seq. and Government Code Section 53150 et seq. Any expense incurred by the fire department for securing such an emergency situation shall constitute a debt of such person and shall be collectible by the Authority in the same manner as in the case of an obligation under contract, express or implied.

VI. Chapter 1, Section 105.5.5 of the California Fire Code is hereby amended to read as follows:
105.5.5 Carnivals, Fairs, Block Parties, and Other Outdoor Assemblage. An operational permit is required to conduct a carnival, fair, block party, race, concert, parade or other similar outdoor assemblage whether, public or private, when in the opinion of the fire code official, a permit and specific conditions are required due to the nature or location of the activity.

VII. Chapter 1, Section 105.5.34 of the California Fire Code is hereby amended to read as follows:
105.5.34 Open burning. An operational permit is required for the kindling or maintaining of an open fire, bonfire, or recreational fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to.

Delete: “EXCEPTION: Recreational fires.”
VIII. Chapter 1, Section 105.5.35 of the California Fire Code is hereby amended to read as follows:
105.5.35 Open flames and torches. An operational permit is required to remove paint with a torch, or to use a torch or open flame device.

EXCEPTION: The use of decorative torches on the property of one- and two-family dwellings shall not be permitted.

IX. Chapter 1, Section 105.5.31 is hereby amended to the California Fire Code to read as follows:
105.5.31 Miscellaneous combustible storage. An operational permit is required to store in any building or on any premises in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels, or similar containers, combustible pallets, rubber tires, rubber, cork or similar combustible materials. An operational permit is required to store, manufacture, refurbish or otherwise handle wood or plastic pallets in excess of 50 pallets.

X. Chapter 1, Section 111 of the California Fire Code is hereby amended to read as follows:
111.1 Board of Appeals established. In order to determine the suitability of alternative materials and types of construction and to provide reasonable interpretations of the provisions of this code, a Committee of the Big Bear Fire authority Board of Directors shall serve as an Appeals Board. The Appeals Board shall be comprised of the Chairman of the Authority Board of Directors and four other members of the Board of Directors selected by the Chairman.
111.2 Limitations on authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code.
111.5 Requests for Hearing. Any person, including the Big Bear Fire Department (“fire department”), desiring a review or interpretation of the Fire Code may file a request with the Secretary of the Board of Directors for a hearing before the Appeals Board of the Big Bear Fire Authority within 15 days after the date such interpretation is rendered or enforcement began. The enforcement to be reviewed is suspended until the determination of the hearing unless a hazardous condition exists. 111.6 Hearing Procedures. Upon receipt of a request for a hearing before the Appeals Board, the Secretary of the Board of Directors shall fix the time and place of the hearing which shall be at a meeting of the Fire Authority held not less than 10 days nor more than 30 days after the date of the filing of the request for hearing. The Appeals Board shall give written notice of the time and place of the hearing to the initiating party and the fire code official involved. Witnesses may be sworn and evidence produced, and parties may be represented by counsel. The Appeals Board shall keep a record of the proceedings of each hearing and shall issue written findings and a decision within 15 days after the conclusion of the hearing. The decision shall be mailed to the parties by first class mail, postage prepaid, at such addresses as they have provided. 111.7 Appeals to the Board of Directors. Any decision of the Appeals Board may be appealed to the full Authority Board of Directors. A request for such review shall be filed with the Secretary of the Board of Directors within 15 days from the date of the mailing of the Appeals Board decision. The full Fire Authority Board of Directors shall schedule a hearing at a regular meeting within 45 days after receipt of the request for appeal and shall issue a written decision within 30 days after the conclusion of that hearing. All such decisions shall be final and shall be mailed to the parties by first class mail, postage prepaid, at such addresses as they have provided. 111.8 Fees and Costs. The fire department involved (whether appellee or appellant) shall act as staff to the Appeals Board or to the Fire Authority Board of Directors, and for that purpose may determine and set fees to charge an appellant to cover the cost of preparation of the record for appeal. A summary of costs shall be compiled and sent to the appellant after all appeals have been exhausted. Any refund due the appellant shall be returned within 60 days after the summary is sent.

XI. Chapter 2 of the California Fire Code is hereby amended by adding the following definitions to Sections 202 to read as follows:

SECTION 202

DEFINITIONS
All Weather Driving Surface. Unless otherwise defined within other Codes, Rules, Standards or Regulations, the following are considered to be All Weather Driving Surfaces:

A. Three inch (3”) Type II A.C. pavement on four inch (4”) crushed aggregate base.

B. Six inch (6”) Type II A.C. pavement on native soil.

C. Six inch (6”) Portland cement concrete pavement on native soil.

D. Any other surface as determined by the fire code official to meet the intent of this Code.

Barbecue Grill (also known as a barbeque or BBQ). A portable or fixed device, constructed of steel, concrete, clay, or other non-combustible material, for the primary purpose of cooking food over a liquefied petroleum-, natural gas-, or charcoal-fueled fire.

Barbecue Pit. A trench or depression in the ground in which wood or other clean solid fuel is burned to produce a bed of hot coals for the sole purpose of cooking. A barbecue pit having a fuel area greater than 3 feet in width or 2 feet in height shall be considered a bonfire.

California Fire Code. The current adapted California Fire Code.

Fire Department. The Big Bear Lake Fire Authority.

Fire Code Official. Within the jurisdictional boundaries of the City of Big Bear Lake, the Fire Chief or other designated authority charged with the administration and enforcement of the code or a duly authorized representative. The Fire Code Official charged with the administration and enforcement of Chapters 7, 8, 9 and 10 of the current adopted California Building Code; Chapters 7, 8, 9 and 10 of the California Residential Code; and Chapters 7, 8, 9 and 10 of the California Fire Code; shall be the Chief Building Official.

Open Fires. Any outdoor fire, including open burning projects, recreational fires and bonfires, portable outdoor fireplaces, barbecues and barbecue pits, wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.

XII. Chapter 3, Section 304.3.5 is hereby added to The California Fire Code to read as follows:
304.3.5 Abatement. In the event that a fire hazard exists, as determined by the fire code official and in accordance with this chapter, the fire code official may give notice to the owner of the property upon which a hazardous condition exists to abate such condition.

In the event that abatement is not performed within the time frames granted by such notices or other written documentation, the fire code official may cause abatement to be done in accordance with public nuisance abatement procedures and make the expense of such abatement a lien upon the property at which such condition exists.

XIII. Chapter 3, Section 305.3 of the California Fire Code is hereby amended to read as follows:
305.3 Open-flame Warning Devices. Open-flame warning devices shall not be used along an excavation, road or any other place where the dislodgment of such device may permit the device to roll, fall or slide onto any area or land containing combustible materials.

EXCEPTION: This section shall not apply to public safety personnel acting in the performance of their duties.

XIV. Chapter 3, Section 305.6 is hereby added to the California Fire Code to read as follows:
305.6 Spark Arrestors. Each chimney used in conjunction with a fireplace, outdoor fireplace, or other heating appliance in which solid fuel is burned, shall be maintained with an approved spark arrester. The spark arrester shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel wire. Openings shall not permit the passage of spheres having a diameter larger than one-half inch (13 mm) maximum and shall not block the passage of spheres having a diameter of less than three-eighths inch (10 mm). The screen shall be mounted in or over all outside flue openings in a vertical and near vertical position, adequately supported to prevent movement and shall be visible from the ground. All spark arrestors shall be accessible and removable for cleaning.

XV. Chapter 3, Section 307.1 of the California Fire Code is hereby amended to read as follows:
307.1 General. No person shall kindle, or maintain any fire, or allow any fire to be kindled or maintained on their property unless in accordance with this Code.

XVI. Chapter 3, Section 307.2 of the California Fire Code is hereby amended to read as follows:
307.2 Permit Required. When required pursuant to section 105.5.34, a permit shall be obtained from the appropriate fire code official as defined in Section 307.2.1 prior to kindling any open fire.

EXCEPTION: Barbecues utilizing natural gas, propane or charcoal briquettes used at one- and two-family dwellings unless otherwise regulated. 307.2.1 Authorization. Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.

XVII. Chapter 3, Section 307.3 of the California Fire Code is hereby amended to read as follows:
307.3 Extinguishment Authority. The fire code official is authorized to order or cause the extinguishment of any fire that creates or adds to a hazardous condition, creates smoke emissions offensive to occupants of surrounding properties, is conducted without a permit when such a permit is required, or is conducted outside of the parameters set forth in this section or a permit, when required.

XVIII. Chapter 3, Section 315.7 is hereby added to the California Fire Code to read as follows:
315.7 Outside Storage of Firewood. Firewood and combustible material for consumption on the premises shall be neatly stacked free from accumulations of pine needles and other debris. Firewood that is used for private consumption is limited to five (5) cords.

XIX. Chapter 4, Section 403.11.1 of the California Fire Code is hereby amended to read as follows:
403.11.1 Fire Watch Personnel. When, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the fire code official may require, at the expense of the owner, agent or lessee, one or more fire department personnel to perform fire watch duties, as required and to remain on duty during the times such places are open to the public, or when such activity is being conducted.

EXCEPTION: The fire code official may require the owner, agent or lessee to provide one or more fire watch personnel.

XX. Chapter 5, Section 503.2.1 of the California Fire Code is hereby amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315.2 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet 6 inches (4450.08 mm).

EXCEPTIONS:

1. Driveways of one- and two-family dwellings shall be a minimum of 12 feet in width.

2. Driveways of one- and two-family dwellings exceeding 150’ in length shall be a minimum of 14 feet in width.

3. Required access road dimensions may be modified when, due to location on property, topography, waterways, nonnegotiable grades or other similar conditions, the fire code official determines that the conditions cannot be met.

XXI. Chapter 5, Section 503.2.3 of the California Fire Code is hereby amended to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. Where road grades do not exceed eight percent (8%), and where serving only one- or two-family dwellings or accessory Group U occupancies, the fire code official may approve roads constructed with approved native materials or gravel compacted to eighty five percent (85%) compaction.

XXII. Chapter 5, Section 503.2.7 of the California Fire Code is hereby amended to read as follows:
503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department’s apparatus. Where driveways serving one- and two- family dwelling units have a driveway gradient exceeding twelve and one-half percent (12.5%), a separate emergency egress path of travel from the primary entrance of each dwelling unit to the public way shall be provided. All components of the separate emergency egress path of travel shall comply with all applicable provisions of the California Building Code.

XXIII. Chapter 5, Section 503.4 of the California Fire Code is hereby amended to read as follows:
503.4 Obstruction of Fire Apparatus Access Roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times.

Any condition that serves as an impediment to fire access, or any vehicle or other obstruction to fire access may be removed at the order of the fire code official, with the expense of such removal to be paid by the owner of the roadway, or of said vehicle or obstruction.

XXIV. Chapter 5, Section 505.1 of the California Fire Code is hereby amended to read as follows:
505.1 Address Identification. Approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Address numbers and internal illumination shall be maintained.

XXV. Chapter 5, Section 507.1 of the California Fire Code is hereby amended to read as follows:
507.1 Required Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. In areas without a water purveyor capable of supplying the required fire flow, National Fire Protection Association Standard 1142 shall be used to establish onsite water storage capacities, when allowed by the fire code official.

EXCEPTION: For single one- and two-family dwellings and detached garages, not part of a parcel map, tentative tract or other similar planned development, an approved automatic residential fire sprinkler system or an approved self-contained residential automatic sprinkler system may be considered as an adequate water supply with no additional on-site water source required.

XXVI. Chapter 5, Section 507.3 of the California Fire Code is hereby amended to read as follows:
507.3 Fire Flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method or Appendix B.

EXCEPTION:

1. For single one- and two-family dwellings and detached garages, not part of a parcel map, tentative tract or other similar planned development, the installation of an approved automatic residential fire sprinkler system or an approved self-contained residential automatic sprinkler system may be considered an approved fire flow.

2. No water supply or fire sprinkler system is required for detached Group U occupancies not used for industrial or commercial properties when structures are located 50 feet or further from the property lines and any dwelling.

XXVII. Chapter 5, Section 507.3.1 is hereby added to the California Fire Code to read as follows:
507.3.1 Inadequate Fire Flow. In areas which are unable to be provided with required fire flow, buildings shall be provided with an approved NFPA sprinkler system. Onsite water storage requirements for occupancies other than group R, Division 3 may be reduced to a 30 minute minimum sprinkler demand.

XXVIII. Chapter 9, Section 903.2 of the California Fire Code is hereby amended to read as follows:
903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures, including pre-manufactured structures, shall be provided in locations described in Sections 903.2.1 through 903.2.21.

XXIX. Chapter 9, Section 903.2.11.7 is hereby added to the California Fire Code to read as follows:
903.2.11.7 Building Fire Area 5,000 Square Feet or More in Size. An approved automatic fire sprinkler system shall be provided throughout in all newly constructed buildings and structures of any occupancy group when the gross fire area, as defined in the California Building Code, is equal to or exceeds 5,000 square feet.

EXCEPTIONS: Detached Group U occupancies accessory to a one- or two-family dwelling that are not used for commercial or industrial purposes.

XXX. Chapter 9, Section 903.2.11.8 is hereby added to the California Fire Code to read as follows:
903.2.11.8 Additions to Existing Buildings. When an addition to an existing structure results in the structure having a fire area greater than 5,000 square feet and such addition is 50% or more of the original square footage, the entire structure shall be provided with an automatic sprinkler system.

XXXI. Chapter 9, Section 903.7 is hereby added to the California Fire Code to read as follows:
903.7 Freeze Protection. All sprinkler systems shall be suitably freeze-protected for climatic conditions as prescribed by the fire code official.

XXXII. Chapter 34, Section 3405.1 of the California Fire Code is hereby amended to read as follows:
3405.1 Individual Piles. Tires shall be restricted to individual piles not exceeding 2,500 square feet of continuous area. Pile width shall not exceed 50 feet. Piles shall not exceed 25,000 cubic feet in volume or 10 feet in height.

XXXIII. Chapter 49, Section 4901.3 is hereby added to the California Fire Code to read as follows:
4901.3 Fire Protection Plan. A Fire Protection Plan (FPP), approved by the fire code official, shall be required for all new developments within declared fire overlay districts.

The FPP shall include mitigation measures consistent with the unique problems resulting from the location, topography, geology, flammable vegetation and climate of the proposed site. The FPP shall address water supply, access, building ignition and fire resistance, fire protection systems and equipment, defensible space and vegetation management. The FPP shall be consistent with the City of Big Bear Lake Development Code, or, at the option of the fire code official, with other nationally recognized standards and good practice.

XXXIV. Chapter 49, Sections 4906.1 of the California Fire Code is hereby amended to read as follows:
4906.1 General. Hazardous vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings in accordance with Section 4906.3. 4906.1.1 Application. Those areas protected by the Big Bear Fire Authority shall be classified as a Very High Fire Hazard Severity Zone.
4906.1.2 Requirements. It shall be the responsibility of every property owner, occupant and person in control of any land interest to abate the accumulation of forest fuels around their property, through implementation of measures asidentified in Chapter

17.10 of the City of Big Bear Lake Municipal Code.

XXXV. Chapter 56, Sections 5601.2 through 5601.2.6 are hereby added to the California Fire Code to read as follows:
5601.2 Permit Required. Permits shall be obtained from the San Bernardino County Sheriff’s Department (“sheriff’s department”):

1. To manufacture, possess, store, sell, display or otherwise dispose of explosives, blasting agent or phosphoric compounds.

2. To transport explosives or blasting agents.

3. To use explosives or blasting agents.

4. To operate a terminal for handling explosives or blasting agents.

5. To deliver or receive explosives or blasting agents from a carrier at a terminal between the hours of sunset and sunrise.

6. To transport blasting caps or electric blasting cap on the same vehicle with explosives. 5601.2.1 In addition to the requirements set forth in this article, the sheriff’s department or the fire department may, for the safety and security of the public, set additional requirements for a permit application.

The sheriff’s department shall notify the fire department when any application has been made for an explosives permit for a specific location and purpose. No permit shall be issued without the approval of the fire department.
5601.2.2 Seizure. The fire code official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter.
5601.2.3 Storage and Transportation of Explosives and Blasting Agents. The storage and transportation of explosives and blasting agents is prohibited in residential areas, principal business districts, closely-built commercial areas and heavily-populated areas, except as permitted by the sheriff’s department and the fire department in accordance with California Code of Regulations, Title 19, and Title 4, Division 5 of the San Bernardino County Code.
5601.2.4 Magazine Size. Indoor magazines shall not be of a size greater than the exit door or contain more than 50 pounds of explosive materials. 5601.2.5 Black Powder. The amount of black powder stored in an indoor magazine shall not exceed 50 pounds.
5601.2.6 Notification. When blasting is being conducted in the vicinity of gas, electric, water , fire alarm, telephone, telegraph or stream utilities, the blaster shall notify the appropriate representative of such utilities at least 24 hours in advance of blasting specifying the location and intended time of such blasting.

EXCEPTION: In an emergency, advance notification may be waived by the fire code official.

XXXVI. Chapter 57, Section 5704.2 of the California Fire Code is hereby amended to read as follows:
5704.2 Tank Storage. Pursuant to Section 5704 of the California Fire Code, the storage of flammable and combustible liquids in outside aboveground unprotected tanks and below grade vaulted tanks are prohibited in all commercial occupancy areas, developed residential areas, and other areas where the Chief having jurisdiction determines that the installation of flammable and combustible aboveground storage tanks or below grade vaulted tanks will create a hazard to occupants and property owners in the area.

Deviation from these requirements may be allowed only upon specific written findings by the fire code official.

XXXVII. Chapter 80, Section 6.1.2 of NFPA 13D a Referenced Standard of the California Fire Code is hereby amended to read as follows:

6.2.2.1 Where stored water is used as the sole source of supply for the sprinkler system, the minimum quantity shall equal the water demand rate times 10 minutes.

XXXVIII.Chapter 80, Section 6.2.4 of NFPA 13D a Referenced Standard of the California Fire Code is hereby deleted.

XXXIX. Appendix B, Section B105.2 of the California Fire Code is hereby amended to read as follows:

B105.2 Buildings Other than One- and Two-Family Dwellings. The minimum fire flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in Table B105.1.

EXCEPTION: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. A reduction in required fire flow of up to 75 percent is allowed for isolated buildings of Group U occupancy, agricultural uses, or other low hazard uses when approved by the fire code official. The resulting fire flow shall not be less than 1,500 gallons per minute (5678 L/min) for the prescribed duration as specified in Table B105.1.

XL. Appendix C, Section C102 of the California Fire Code is hereby amended to read as follows:

C102 Minimum Number of Fire Hydrants for a Building. The number of fire hydrants available to a complex or subdivision shall not be less than that determined by spacing requirements specified in Section C103.1 when applied to fire apparatus access roads and perimeter public streets from which fire operations could be conducted.

XLI. Appendix C, Section 103.1 of the California Fire Code is hereby amended to read as follows:

C103.1 Hydrant Spacing. The average spacing between fire hydrants shall not exceed 300 feet (91m) in industrial, commercial, and multifamily development, and 600 feet (183m) in all single family developments. Spacing of fire hydrants along public streets shall also be guided by other County or Authority public works standards.

EXCEPTION: The fire code official is authorized to accept a deficiency of up to 10 percent where existing fire hydrants provide all or a portion of the required fire hydrant service.

XLII. Appendix C, Table C102.1 of the California Fire Code is hereby deleted.

Section 9. Chapter 8.91 of the City of Big Bear Lake Municipal Code is hereby amended in its entirety to read as follows:

8.91.010 – International Property Maintenance Code adoption—Copies on file.

A. The City of Big Bear Lake adopts in its entirety the 2018 International Property Maintenance Code (IPMC), including appendix A, subject to the amendments, additions, and deletions set forth in this chapter. The IPMC will apply to all occupancies identified by the California Building Code.

B. One copy of the IPMC is on file in the office of the City Clerk and Building Department, which is available for public viewing as required by law.

8.91.020 - Funding for administration and enforcement.

The City of Big Bear Lake shall appropriate sufficient funds for the administration and enforcement of such code.

8.91.030 - Board of appeals.

The city shall, by resolution, appoint a five-person board of appeals in conformity with Section 205 of said code. Such resolution shall include the compensation, if any, of such board.

8.91.040 - Claims for costs and expenses.

The fees for activities and services performed by the department in carrying out its responsibilities under the IPMC shall be per the most recent adopted fee schedule adopted by the City of Big Bear Lake City Council. Any and all costs incurred by the city in connection with securing lawful entry to a structure or premise including but not limited to, costs of investigation, staffing costs incurred in the preparation of warrants, and all subsequent costs necessary to enforce compliance with the provisions of this Code may be recovered including late payment charges and costs of collection by use of any and all available legal means. Recoverable costs incurred by the city shall include those of the director of administrative services and the city attorney, if such expenses are determined reasonable and necessary, and such costs reported by the director of public works shall be identified separately from all other expenses. A separate statement of the director of administrative services and, as applicable, the city attorney shall be attached where such costs and expenses are claimed. Such expenses shall likewise include the costs of the appeals board, if convened.

8.91.050 - Amendments to the International Property Maintenance Code.

Chapter 15.33 of the City of Big Bear Lake Municipal Code contains the amendments made with the adoption of the IPMC and shall be referenced from that chapter.

Section 10. All former ordinances or parts conflicting or inconsistent with the provisions of this ordinance or any other ordinances in conflict herewith are hereby repealed.

Section 11. If any provisions of this ordinance or application thereof to any person or circumstances are held invalid, this invalidity shall not affect other applications of this ordinance which can be given effect without the invalid provision or applications, and to this end, the provisions of this ordinance are declared to be severable. This ordinance shall be liberally construed to achieve the purposes of this ordinance and to preserve its validity.

Section 12. The City Council hereby finds and determines that adoption of this ordinance updates existing building and safety standards which are previously adopted in substantial form.

Thus, the adoption of this ordinance is not considered a “project” subject to the California Environmental Quality Act (CEQA), pursuant to section 15378 of the State CEQA Guidelines.

Section 13. Effective Date. This ordinance shall become effective thirty (30) days following its adoption. The Codes and amendments to the Codes adopted hereunder shall take effect on January 2, 2023.

Section 14. Publication. 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

REVIEWED AND APPROVED:

Stephen P. Deitsch
City Attorney

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

ORDINANCE REPEALING ORDINANCE NO. 2019-475 AND ADDING AND AMENDING TITLE 8 (HEALTH AND SAFETY) AND TITLE 15 (BUILDINGS AND

CONSTRUCTION) OF THE BIG BEAR LAKE MUNICIPAL CODE PERTAINING

TO THE CONSTRUCTION AND MAINTENANCE OF BUILDINGS, HOUSING,

ABATEMENT OF DANGEROUS BUILDINGS, AND FIRE PREVENTION BY ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE AS FOUND IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS COMPRISING THE CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, AND APPENDICES B, H, & J OF VOLUME 2, 2022 EDITION; THE CALIFORNIA RESIDENTIAL CODE AND APPENDICES AH & AO, & AX, 2022 EDITION; THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION; THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; THE CALIFORNIA PLUMBING CODE, 2022 EDITION; THE CALIFORNIA ENERGY CODE, 2022 EDITION; THE CALIFORNIA
HISTORICAL BUILDING CODE, 2022 EDITION; THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; THE CALIFORNIA FIRE CODE AND APPENDICES CHAPTER 4, A, B, BB, CC, D, H, I & J AND ERRATA, 2022 EDITION; THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; THE CALIFORNIA REFERENCE STANDARDS CODE, 2022 EDITION: THE
CALIFORNIA ADMINISTRATIVE CODE, 2022 EDITION; THE
INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 EDITION
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of said Council on the ____ day of ____, 2022, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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 said City.

Erica Stephenson, City Clerk

MEETING
DATE: October 17, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sue O’Strander, AICP, Director of Community Development Dan Chudy, Contract Building Official
SUBJECT: Ordinance Adding Chapter 15.44 (Electric Vehicle Charging Stations) to Title 15 (Buildings and Construction) of the City of Big Bear Lake Municipal Code, Pursuant to State Law

BACKGROUND
California Government Code section 65850.7, created by Assembly Bill 1236 and section 65850.71, created by Assembly Bill 970, are effective January 1, 2023 for all jurisdictions in the State of California with fewer than 200,000 residents, including the City of Big Bear Lake.

They require all California cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging stations (EVCS). The law was developed to further the availability of charging infrastructure to help drive the deployment of zero emission vehicles.

DISCUSSION
Pursuant to the regulation, cities and counties must adopt a permit streamlining ordinance and checklist which limits electric vehicle charging stations project review to health and safety requirements. The ordinance and checklist apply to all charging station installations, including Level 1 (120 volts), Level 2 (240 volts), and DC Fast Charging; public and private charging stations; light-, medium-, and heavy-duty electric vehicle charging stations; and stations that are installed as the accessory or primary use of a site.

Under the new legislation, applications to install electric vehicle charging stations are limited to review by the Building and Safety Division to determine if the applicable health and safety regulations have been met. The permit must be approved administratively as a nondiscretionary permit.

In a situation where the proposed installation would have a specific adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific impact, the Building Official, in consultation with the Director of Community Development may require the applicant to apply for a conditional use permit.

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

ENVIRONMENTAL CONSIDERATIONS
None requiring review under the California Environmental Quality Act (CEQA) as this request is not considered a “project” subject to CEQA, pursuant to section 15378 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 ADDING CHAPTER 15.44 (ELECTRIC VEHICLE CHARGING STATIONS) TO TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF BIG BEAR LAKE MUNICIPAL CODE, PURSUANT TO STATE LAW.

ATTACHMENT

1. Ordinance No. 2022-xxx
ATTACHMENT 1
ORDINANCE NO. 2022-xxx
ORDINANCE ADDING CHAPTER 15.44 (ELECTRIC VEHICLE
CHARGING STATIONS) TO TITLE 15 (BUILDINGS AND

CONSTRUCTION) OF THE CITY OF BIG BEAR LAKE

MUNICIPAL CODE PERSUANT TO STATE LAW
WHEREAS, on September 30, 2017, California Government Code section 65850.7 was created by Assembly Bill 1236, and is effective January 1, 2023 for all jurisdictions in the State of California with fewer than 200,000 residents, including the City of Big Bear Lake; and WHEREAS, California Governor Gavin Newsom signed Executive Order N-79-20 on September 23, 2020, setting a target of 100 percent of in-state sales of new passenger vehicles to be zeroemission by 2035, as well as ambitious targets for zero-emission medium- and heavy-duty vehicles; and
WHEREAS, to help achieve the goals set forth under Executive Order N-79-20, the City of Big Bear Lake is adding Chapter 15.44 (Electric Vehicle Charging Stations) to the City of Big Bear Lake Municipal Code to implement State law as adopted by Assembly Bill 1236 in order to achieve timely and cost-effective installations for electric vehicle charging stations in accordance with California Government Code section 65850.7; and
WHEREAS, an increase in local use of electric vehicle charging stations is expected to occur as the number of electric vehicles increases, which is consistent with the City’s Compliance Action Plan goals to expand alternative fuel infrastructure and increase the percentage of vehicle miles traveled by electric and alternative fuel vehicles; and WHEREAS, Chapter 15.44 will promote and encourage the use of electric vehicles in accordance with the City’s Compliance Action Plan; and
WHEREAS, Chapter 15.44 maintains the Building Official’s authority to protect the public health and safety; and
WHEREAS, the Municipal Code amendment does not involve an activity that may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change, and it, therefore, not considered a “project” subject to the California Environmental Quality Act (CEQA), pursuant to section 15378 of the State CEQA Guidelines.

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

Section 1. Chapter 15.44 of the City of Big Bear Lake Municipal Code is hereby added as follows:

15.44.010: DEFINITIONS:

ELECTRIC VEHICLE CHARGING STATION OR CHARGING STATION: Means any level of electric vehicle supply equipment station that is designed and built in compliance with article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.

ELECTRONIC SUBMITTAL: Means the utilization of one or more of either electronic mail, the internet, or facsimile.

FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE SPECIFIC ADVERSE IMPACT: Includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the City on another similarly situated application in a prior successful application for a similar permit.

SPECIFIC ADVERSE IMPACT: Means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

15.44.020: PURPOSE:

The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. Section 65850.7 of the California Government Code provides that every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for Electric Vehicle Charging Stations.

15.44.030: APPLICABILITY:

This chapter applies to the permitting of all electric vehicle charging systems in the City.

Electric vehicle charging systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging system in such a way as to require new permitting.

15.44.040: ELECTRIC VEHICLE CHARGING SYSTEM SUBMITTAL
REQUIREMENTS:

A. All electric vehicle charging systems shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission regarding safety and reliability.

B. The City shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the California Civil Code.

C. All documents required for submission of an electric vehicle charging system application shall be made publicly available on the City's website.

D. The City shall adopt a checklist of all requirements with which electric vehicle charging systems shall comply to be eligible for expedited review. The City may refer to the recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California:

Community Readiness Guidebook published by the Governor's Office of Planning and Research, when adopting the electric vehicle charging station permit process and checklist. A permit application that satisfies the information requirements in the checklist, as adopted by the City, shall be deemed complete.

E. The City shall allow the electronic submittal of the electric vehicle charging station application.

15.44.060: PERMIT REVIEW REQUIREMENTS:

A. Review of the permit application shall be limited to the Building and Safety Division review of whether the application meets local, State and Federal health and safety requirements. The application shall be administratively reviewed by the Building and Safety Division as a nondiscretionary permit.

B. The City shall not condition approval of an application on the approval of an association, as that term is defined by Civil Code section 4080.

C. An application for an electric vehicle charging station shall be deemed complete and the permit available for issuance, when the Building and Safety Division determines that the application satisfies all the requirements found in the checklist.

D. If an application is deemed incomplete, a written plan check correction notice will be made available to the applicant detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be given to the applicant for resubmission.

E. The Building Official, in consultation with the Director of Planning and Inspections, may require an applicant to apply for a conditional use permit if the Building Official finds, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health and safety. The Building Official's decision to require a conditional use permit may be appealed by the applicant to the Planning Commission pursuant to chapter 1.06 of this Code.

F. If a conditional use permit is required, the application for the conditional use permit may be denied if the Planning Commission makes written findings, based upon substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such findings shall include the basis for the rejection of potential feasible alternatives for preventing the specific, adverse impact. Such decisions may be appealed to the City Council pursuant to chapter

1.06 of this Code.

Section 2. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

Section 3. Publication. 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: REVIEWED AND APPROVED:

_________________________________
Erica Stephenson Stephen P. Deitsch
City Clerk City Attorney

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

ORDINANCE ADDING CHAPTER 15.44 (ELECTRIC VEHICLE
CHARGING STATIONS) TO TITLE 15 (BUILDINGS AND

CONSTRUCTION) OF THE CITY OF BIG BEAR LAKE

MUNICIPAL CODE PERSUANT TO STATE LAW
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of said Council on the ____ day of ____, 2022, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

EXCUSED:

Erica Stephenson, City Clerk

MEETING
DATE: October 17, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Erica Stephenson, City Clerk/Director of Human Resources Stephanie Smith, BB&K Director of Election Services
SUBJECT: Fair Political Practices Commission (FPPC) Form 700 and FPPC Campaign Financing Document Overview

BACKGROUND
At the City Council’s September 19, 2022 meeting, an Agenda item request was made by Mayor Herrick and seconded by Councilmember Melnick for staff to prepare a report providing an overview of the FPPC forms required to be completed by elected officials. The purpose of these FPPC forms is to help foster the public’s trust in our political system by adding transparency to campaign financing and by providing citizens with access to vital financial information about their public officials.

DISCUSSION
Campaign financing rules are outlined in the Government Code as adopted by the Political Reform Act of 1974, and in regulations established by the FPPC, which is the regulatory agency tasked with enforcing the Political Reform Act. On September 12, 2022, Stephanie Smith, Director of Election Services at Best Best & Krieger (BB&K) provided a campaign finance workshop for candidates involved in the November 8, 2022 General Municipal Election and the November 8, 2022 special Recall Election to provide an overview of related FPPC forms and reporting requirements.

In response to Mayor Herrick and Councilmember Melnick’s recent request, staff arranged for Ms. Smith to provide a similar presentation for the Council and community’s benefit this evening.

The presentation will include information on basic campaign finance regulations, FPPC reporting and disclosure requirements, and information on how the public can view reports of candidate campaign finance activity.

FISCAL IMPACT
There is no significant fiscal impact associated with this City Council presentation.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under California Environmental Quality Act.

RECOMMENDATION
The City Council will receive a presentation from BB&K Director of Election Services Stephanie Smith, which will provide an overview of the attached Candidate Campaign Finance PowerPoint; and staff recommends that the Council receive and file this report.

ATTACHMENT

1. Candidate Campaign Finance PowerPoint Presentation
ATTACHMENT 1
 2021 Best Best & Krieger LLP
Best Best & Krieger
Company/BestBestKrieger
@BBKlaw
Candidate Campaign Finance
City of Big Bear Lake
Disclaimer: BB&K presentations and
webinars are not intended as legal advice.

Additional facts, facts specific to your
situation or future developments may affect
subjects contained herein. Seek the advice
of an attorney before acting or relying upon
any information herein. Audio or video
recording of presentation and webinar
content is prohibited without express prior
consent.

Disclaimer: BB&K presentations and
webinars are not intended as legal advice.

Things We’ll Cover
• The Political Reform Act
• Dollar Thresholds
• Required Forms
• Record Keeping
• Filing Deadlines
• Campaign Contribution Limits
• Where to go for more help
The Political Reform Act
The California Political Reform Act of
1974 (the “Act”) was a voter-approved
initiative on the 1974 primary election
ballot. One of the major provisions of the
Act requires the truthful and accurate
disclosure of campaign contributions
and expenditures during elections.
• Enforced by the FPPC
• Governing Statutes in Code
• Further regulations found in
California Code of
Regulations
Enforced by the FPPC
• The Fair Political Practices Commission (FPPC) is the independent, nonpartisan state agency authorized to implement, interpret, and enforce the provisions of the Political Reform Act. Consists of:
• A full-time chair appointed by the Governor
• Four part-time commissioners, one each appointed by
• the Controller,
• the Attorney General,
• the Secretary of State,
• and the Governor comprise the Commission.
• Each member serves a four-year term and no more than three members may be from the same political party.
• FPPC staff is composed of five divisions: Executive, Administration and Technology, Enforcement, Legal, and External Affairs and Education.

Important Dollar Amounts
• Campaign Finance Reporting is required of All Candidates for City Council
• $2,000 is the magic number for determining which type of reporting you are required to file
• Any candidate who raises or spends more than $2,000 must form a Campaign Finance Committee
• Any candidate who raises or spends less than $2,000 has limited filing obligations
Required Forms
• All Candidates – Form 501
• Candidate Intention Statement
• For Candidates not raising or spending $2,000
• Form 470 – Candidate Campaign Statement Short Form
• File once – no later than September 29, 2022
• Form 497 – Candidates that make or receive donations
of $1,000 or more within the 90 days prior to the election • File within 24 hours by fax, email, or personal
delivery
Form 501
Form 470
Form 497
Required Forms
• For Candidates raising or spending $2,000 or more
• Form 410 – Statement of Organization
• File within 10 days of qualifying as a committee
• Form 460 – Candidate Statement Campaign Report –
Long Form
• First pre-election statement (July 1 – September 24
campaign finance activity) due September 29
• Second pre-election statement (September 25 –
October 22 activity) due October 27
• Semi-Annual/Final election statement (October 23 –
December 31 activity) due January 31, 2023
Required Forms
• For Candidates raising or spending $2,000 or more
• Form 497 – Candidates that make or receive
donations of $1,000 or more within the 90 days
prior to the election
• File within 24 hours by fax, email, or personal
delivery
Form 410
Form 460
Form 460
Form 460
Form 460
Form 460
Form 460
Form 460
Form 460
Form 460
Form 460
Form 460
Form 460
Form 497
Conflict of Interest – Form 700
• All Candidates (and later officeholders)
• Disclose sources of income
• Disclose real property owned
• Disclose business positions
• Disclose gifts (some exceptions apply)
• Disclose stocks and investments
• Provides transparency in the public
decision making process
Record Keeping
• Track all donations
• Track all expenditures
• Cash donations are limited to $99.99
• Obtain name, address, occupation of all
individual donors
• These practices apply even if you are a
Form 470 filer
Filing Deadlines
• Candidates not
raising or spending
$2,000
• September 29
• Within 24 hours of
receiving/spending
$1,000
• Candidates raising
or spending $2,000
• September 29
• October 27
• January 31
• Within 24 hours of
receiving/spending
$1,000
Contribution Limits
• Assembly Bill 571 (Stats. 2019, Ch. 556, AB 571 Mullin), effective January 1, 2021, applies a default campaign contribution limit to city and county candidates when the city or county has not already enacted a contribution limit.
• Big Bear Lake does not have local contribution limits • 2022 default limit is $4,900 per contributor per election • The new provisions set forth by AB 571 only apply to city and county candidates when the city or county has not already enacted a contribution limit on such candidates. Below are some examples of city and county candidates:
• City Attorney
• City Council Members
• County Board of Supervisors
• County Superintendent of Schools
• There are many candidates who are not covered by AB 571 such as judicial candidates, school board candidates, and county central committee candidates.

Where to View Filed Forms
• Filed Forms are
posted on the City’s
website
• On the City’s
Transparency Page
found under the
Governme
• Forms for candidates
• Forms for general
purpose committees
Where to Go for More Help
•www.fppc.ca.gov
•1-866-ASK-FPPC (866-275-3772)
•[email protected]
•[email protected]
•[email protected]
•949-263-2612
 2021 Best Best & Krieger LLP
Best Best & Krieger
Company/BestBestKrieger
@BBKlaw
Stephanie Smith
Director of Election Services
949-263-2612
[email protected]

MEETING
DATE: October 17, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager

FROM: Sue O’Strander, AICP, Director of Community Development SUBJECT: Consideration of Economic Development Advisory Committee (EDAC) Action Items

BACKGROUND
The Economic Development Advisory Committee (EDAC) Work Program was presented to the City Council earlier this year. The work program represents many months of dedication by the committee to identify goals to encourage a welcoming, attractive, and family-friendly community.

The ideas presented by the committee benefit permanent residents and visitors alike.

DISCUSSION
On August 1, 2022, the City Council considered the EDAC Work Program and provided helpful feedback to the committee. Specifically, it was recognized that the committee was established for a limited term (through June 2023) and it was important to identify an ‘actionable’ item that could be pursued in a timely manner.

At a committee meeting on October 11, 2022, the EDAC members unanimously identified two such actionable items, which are described below for City Council consideration:

1. Master planning for 19-acre lakefront property.

The City recently became the lessee for the 19-acre Bear Valley Mutual Water Company property, located on the north side of Big Bear Boulevard, generally between Alden Way and the fire station.

This site currently contains a mobile home park, a couple of restaurants, and a handful of other buildings. In recent meetings, the City Council has committed to retain the mobile home park and evaluate opportunities for improvement to the facility.

The remaining portion of the 19-acre property is mostly under-developed and the EDAC recognized various opportunities for future uses and development (e.g. commercial, multi-family, visitor-serving, public park, etc.). As such, the EDAC recommends that the City Council consider a master planning effort for this area so that it can serve as a benefit to all community members.

A master plan can be conceptual or very detailed, with a wide range in-between. At this time, it may be appropriate to pursue a more conceptual plan as a preliminary step to identify the City’s goals for this property. A more detailed plan could then be pursued at a later date.

2. Initiate a campaign to beautify Big Bear Boulevard
It is clear that there are significant and ongoing concerns relating to blight along Big Bear Boulevard. According to Merriam-Webster, the term ‘blight’ generally means “something that frustrates plans or hopes”, “something that impairs or destroys” or “a deteriorated condition.” The EDAC took some time to discuss and pin-point what aspects might be considered blight. Here are some of the items that were specifically identified:
• Weeds
• Unmaintained parking lots
• Illegal outdoor storage, including such use on vacant properties • Fencing that is unsightly or not maintained in a good condition (e.g. broken, leaning, gaps) • Unattractive and poorly designed signs (e.g. not surrounded by landscaping) • Unmaintained signs (e.g. broken, aged, should be replaced) • Selection of planting/landscape materials, including hardscape • Improper use of temporary materials (e.g. plastic orange delineators for ‘no parking’ area) • Quality and maintenance of outdoor uses (e.g. should be attractive) • Quality and screening of outdoor uses (e.g. should such uses be allowed?) • Unused structures (e.g. clean-up of temporary uses/sites, rehabilitate permanent buildings) While the City has regulations in place to enforce blight and unkempt properties, the committee members felt that a community-wide campaign would be a more successful approach. By enlisting property owners and businesses to make voluntary property improvements, there is an opportunity to instill and grow community pride on a larger scale.

The EDAC is comprised of 9 members that were selected to encompass a wide representation of stakeholders. Membership represents the City Council, Planning Commission, Chamber of Commerce, Visit Big Bear, real estate interests, and 4 at-large community members. Such a campaign is envisioned as a comprehensive approach by EDAC representatives and their corresponding agencies to encourage community-wide pride.

To start the campaign, a brochure could be created and mailed to all businesses along Big Bear Boulevard. This would encourage simple property improvements to start. For example, removing weeds, renewing faltering landscaping, fixing broken items, and removing illegal outdoor storage.

Subsequent phases might include community clean-up days or neighborhood walks to highlight the program’s success. This campaign could be just the start of an ongoing effort.

FISCAL IMPACT
A planning consultant would be important to lead a master plan effort for the 19-acre property.

The cost for such services would depend on the scope requested for this effort. Should the City Council wish to pursue a master plan effort, staff would prepare a Request For Proposals to initiate the process.

The campaign to beautify Big Bear Boulevard could be accomplished with a more grassroots approach. There is much interest by EDAC members to be actively involved and support this effort. Should the City Council wish to support this effort, staff would work with EDAC members in the remaining meeting sessions to initiate the campaign and get it underway before June 2023.

At minimum, a brochure could be created and sent out. The cost to print and mail a brochure is estimated at $1500.

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

RECOMMENDATION
It is recommended that the City Council consider and provide direction on one or both of these items:

1. Direct staff to proceed with an RFP for a master plan concept on the 19-acre property.

2. Allocate $1500 for use by EDAC to print and mail brochures to business owners.

MONTHLY REPORTS
Year‐to‐Date (YTD) Period 2 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Property Taxes $5,076,700 $0 0% ($5,076,700) 1
Sales and Use Tax ‐ 3,474,000 0% (3,474,000) 2 Transient Occupancy Tax 5,001,000 592,469 12% (4,408,531) 3 Other Taxes 1,057,500 18,917 2% (1,038,583) Subventions 614,000 500,000 81% (114,000) 4 Building Permits and Fees 333,300 95,266 29% (238,034) 5 Licenses and Permits 1,433,000 283,213 20% (1,149,787) 6 Current Service Charges 907,430 67,951 7% (839,480) Other Revenue 231,000 379,849 164% 148,849 Interfund Transfers 1,154,960 100,265 9% (1,054,695) Appropriations from Reserves ‐ 8,492 0% (8,492) Appropriations from Fund Balance ‐ 6,203,424 0% (6,203,424) 7 TOTAL REVENUES $25,494,806 $2,037,930 8% ($23,456,876)

EXPENDITURES AND ENCUMBRANCES
Management Services
City Council $238,100 $20,234 8% ($217,866)
City Manager 320,250 29,372 9% (290,878) Law Enforcement 5,718,400 890,706 16% (4,827,694) City Attorney ‐ 370,000 0% (370,000) Support Services 979,150 112,479 11% (866,671) Administrative Services 2,427,900 784,539 32% (1,643,361) 8 Public Services 4,822,179 468,233 10% (4,353,946) Tourism Management 1,593,800 146,623 9% (1,447,177) Planning & Inspections 2,521,890 209,392 8% (2,312,498) Contributions to Reserves ‐ ‐ 0% ‐ Interfund Transfers ‐ 6,503,137 0% (6,503,137) 9 TOTAL EXPENDITURES AND ENCUMBRANCES $25,494,806 $2,661,578 10% ($22,833,228) NOTES:
1 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 2 Timing difference. Sales Tax payments remitted to the state are distributed to local jurisdictions once processed by CDTFA. 3 Transient Occupancy Tax remittances due the month following the close of the payment period. 4 One time contribution from MWD received for the Boardwalk Project. 5 Seasonal building permit activity.
6 Timing of annual vacation rental permit renewals.
7 Fund Balance will be applied at year‐end if necessary. 8 Annual insurance premiums payable in July.
9 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ General Fund
August 2022
16% of Fiscal Year Complete
1 of 4
Year‐to‐Date (YTD) Period 2 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Licenses and Permits $13,500 $3,245 24% ($10,255) 1
Current Service Charges 6,249,500 3,408 0% (6,246,092) 2 Other Revenue ‐ 20,000 0% (20,000) Appropriations from Reserves ‐ ‐ 0% ‐ Appropriations from Fund Balance ‐ 1,010,665 0% (1,010,665) 3 TOTAL REVENUES $7,293,665 $6,653 0% ($7,287,012)

EXPENDITURES AND ENCUMBRANCES
Public Services $2,204,200 $521,505 24% ($1,682,695) 4
BBARWA Contract ‐ 3,012,100 0% (3,012,100) Contributions to Reserves ‐ ‐ 0% ‐ Interfund Transfers 2,077,365 25,000 1% (2,052,365) 5 TOTAL EXPENDITURES AND ENCUMBRANCES $7,293,665 $546,505 7% ($6,747,160) NOTES:
1 Seasonal permit activity.
2 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 3 Fund Balance will be applied at year‐end if necessary. 4 Annual insurance premiums payable in July.
5 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Sanitation
August 2022
16% of Fiscal Year Complete
2 of 4
Year‐to‐Date (YTD) Period 2 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Service Charges and Other Revenue $4,103,200 $15,216 0% ($4,087,984) 1 Appropriations from Reserves ‐ ‐ 0% ‐ TOTAL REVENUES $4,103,200 $15,216 0% ($4,087,984)

EXPENDITURES AND ENCUMBRANCES
Public Services $1,098,010 $144,754 13% ($953,256)
Big Bear Disposal Contract 2,790,700 195,684 7% (2,595,016) Interfund Transfers 105,000 17,500 17% (87,500) 2 Contributions to Reserves ‐ ‐ 0% ‐ Contribution to Fund Balance ‐ 109,490 0% (109,490) TOTAL EXPENDITURES AND ENCUMBRANCES $4,103,200 $357,938 9% ($3,745,262) NOTES:
1 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 2 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Refuse
August 2022
16% of Fiscal Year Complete
3 of 4
Year‐to‐Date (YTD) Period 2 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Transient Occupancy Tax $1,666,000 $197,490 12% ($1,468,510) 1 Other Revenue ‐ 10,000 0% (10,000) Appropriations from Fund Balance ‐ 754,242 0% (754,242) 2 TOTAL REVENUES $2,430,242 $197,490 8% ($2,232,752)

EXPENDITURES AND ENCUMBRANCES
Interfund Transfers $2,430,242 $0 0% ($2,430,242) 3
TOTAL EXPENDITURES AND ENCUMBRANCES $2,430,242 $0 0% ($2,430,242) NOTES:
1 Transient Occupancy Tax remittances due the month following the close of the payment period. 2 Fund Balance will be applied at year‐end if necessary. 3 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Measure Y
August 2022
16% of Fiscal Year Complete
4 of 4

Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com June 2022 Vacation Rental
Compliance Report Summary
June 2022 Summary Number/$ % Of Total
City Initiated Concerns 149 68%
Resident Concerns 71 32%
Total Concerns 220 100.0%
Noise/Party/Spa 34 15%
Parking 33 15%
Over Occupancy 4 2%
No License 14 6%
No In‐person Check‐in 1 0.5%
Other (TOT, ads **, exterior sign, zoning) 135 61%
Citations Issued 57 26%
Citation Fines & Penalties $ 122,600 100%
** Staff reviewing ads for compliance at renewal.

June 2022 Concern Submission Platform
Phone Call 42 19%
Web Form 5 2%
Email 3 1%
Mobile App 21 10%
City‐initiated 149 68%
Total Concerns 221 100%
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com June 2022 Citation Recipients
Owner 41 72%
Guest 14 25%
Agent 2 4%
Total Citations 57 100%
June 2022 Supply Nights 76,236
June 2022 Demand Nights 27,833
June 2022 Occupancy Rate 37%
Occupied Nights per Complaint 392
% Occupied Nights with No Complaint 99.74%
June 2022 Disposition of Concerns
No Violation Observed by Officer 24 11%
Issued Verbal Warning 21 10%
Issued Written Warning 111 50%
Issued Citation 57 26%
No Issued 3 1%
Issues Resolved Without Warning 2 1%
Issued NOV 2 1%
Total Vacation Rental Concerns (incl. staff) 220 100%
Monthly Trend Plus Supply Night vs Demand Nights
Supply Nights* Demand Nights*
2021 2022 % Change 2021 2022 % Change
71,447 76,236 6.7% 33,278 27,833 ‐16.4%
*Supply and Demand Nights are for the entire place.

Monthly Trend Occupancy Rate
2021 2022 % Change
47% 37% ‐21.6%
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com Average Daily Rate RevPAR*
2021 2022 % Change 2021 2022 % Change
$ 462 $ 366 ‐20.7% $ 215.15 $ 133.69 ‐37.9%
*RevPAR is Revenue Per Available Rental = ADR * Occupancy Rate.

Y‐over‐Y Through June Resident
Concerns
Nights
Booked
% With No
Concern
Reported
Booked
Nights Per
Concern
Concern Per
Night
Decrease
YoY
2022 534 254,961 99.79% 477 ‐29%
2021 782 289,113 99.73% 370
Comparison ‐248 ‐34,152 0.06% 107
72%
25%
3%
Citation Recipient
Owner Guest Agent
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com * Staff reviewing ads for compliance at renewal.
34 33
4 14
1 135
57 0 20 40 60 80 100 120 140 160
Noise/Party/Spa
Parking
Over Occupancy
No License
No In‐person Check‐in
Other (TOT, ads *, exterior sign, zoning)
Citations Issued
Type of Concerns
19%
2%
1%
10%
68%
Concern Submission Platform
Phone Call
Web Form
Email
Mobile App
City‐initiated
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com 11%
9%
51%
26%
1% 1% 1%
Disposition of Concerns
No Violation Observed by Officer Issued Verbal Warning Issued Written Warning Issued Citation No Issued Issues Resolved Without Warning Issued NOV
9/17/2021
various items, including:
correspondence between
Councilmember Lee and other
Councilmembers/staff/DWP
Board Members;
Councilmember Lee FPPC
Forms; all public record
requests received and materials
produced; all PRA requests
submitted by Councilmember
Lee; expense report
information re: Councilmember
Lee
Tara Paul -
Allen Matkins
Leck Gamble
Mallory &
Natsis LLP
completed
9/13/2022
PENDING: Rolling
Production/ Letter
requesting extension for
determination letter sent
via email on 9/27/21 -
FPPC forms sent on 9/27 ;
Determination letter sent
on 10/11/21 & subsequent
letter with additional
documents sent on
10/12/21; production of
records sent 11/12/21;
12/9/21; 1/13/22; 2/11/22;
3/17/2022, 4/21/2022;
5/27/2022; 7/1/2022;
8/5/2022; 9/13/2022
BB&K assisted
with this request:
as of 8/22/2022;
City spent approx
$26,000 on this
request
8/8/2022
various items, inlcluding: all
emails, text messages, public
comments, and all other
writings distributed to all or a
majority of the Council from
Nov. 5, 2021 - August 5, 2022;
all video recordings of the
Council from the same time
period; all emails text
messages, and other writing
sent to or from a member of
the Council to any other
member, or members, directly
or by serial methods within
same time frame
Southland
Watch
PENDING: Rolling
Production; responses
sent on - 8/15/2022;
9/17/2022
BB&K is assisting
with this request:
unknown cost at
this time
9/1/2022
Documents confirming
permitted addition in 2009, all
city approval or other
documents relating to addition
38769 Big Bear Blvd
Tim McDonogh 9/21/2022 response sent via
email 30 mins
Below is a list of records requests that have either been received during the month of September, completed during the month of September or are considered as "rolling productions" in which responsive documents have been sent/will be sent during the month of September
September 2022 Records Request Log
9/1/2022 Building permits, demos, cofos
for 40298 Big Bear Blvd Brett Herion 9/21/2022 response sent via email 25 mins
9/7/2022 all plans and permits for 42800
Big Bear Blvd Lori Stahel 9/27/2022 response sent via
email 1 hour
8/29/2022
all documents that tend to
show a cost estimate of the
"Replenish Big Bear" project
Joseph Kelly 9/22/2022 response sent via
email 20 mins
9/7/2022 building permits for 40147 Mill
Creek
Stephen
Cawelti 9/26/2022 response sent via
email-no docs found 5 mins
9/9/2022
side by side comparisons of
complaint volume for June
2020, June 2021, June 2022
Ellen Clarke 9/19/2022 response sent via
email 20 mins
9/12/2022
"Please forward me all
communication to and from the
ROV related to this
matter(Mote recall), including
their notice to the City as well a
copy of the communication to
the proponents."
Alan Lee 9/27/2022
response sent via
email
9/13/2022 all building permits for 38977
Big Bear Blvd
Andrew
Duncan 9/26/2022 response sent via
email 30 mins
BB&K assisted
with this
request:
unknown cost
at this time
9/14/2022
Building Plans, Blue prints for
38969 North Bay Dr. copy of
grant deed, recorded
documentation that the parcel
existed prior to Jan 16, 1981.

Copy of recorded easement
granting access to the lake.

Dana
Townsend pending emailed date
9/16/2022 Any permits for 1011 Colusa
Way
Suzette
Guyette pending emailed date
9/19/2022 Owner on record for Hunters
nursery
Fred Hand 9/19/2022 response sent via
email 5 mins
9/20/2022 Any license for general
contractor
Roxie
Tchlingirian 9/26/2022 response sent via
email-no docs found
2 minutes
9/20/2022 Any permits for 39202 Big Bear
Blvd Cindy Pearson pending
emailed date
9/21/2022
Copy of OG building permit and
cert of occupancy.

Renovation/remodel permits
since '95, Open code violations,
Open fire code/safety violations
40650 Village Dr
Jonathon Wu pending
emailed date
9/22/2022 Building plans for 43396
Primrose Dr Gregory Stead pending
emailed date
Department of Water, City of Big Bear Lake
41972 Garstin Drive, P.O. Box 1929 · Big Bear Lake, CA 92315-1929 · Phone 909/866-5050 · Fax 909/866-3184 · www.BBLDWP.com This institution is an equal opportunity provider and employer.

DEPARTMENT OF WATER

Service, Quality, Community
DATE: September 27, 2022
TO: Erik Sund, City Manager
FROM: Reginald A. Lamson, DWP General Manager
RE: DWP Monthly Update – August 2022

SERVICE DELIVERY
Water services that were provided August 1, 2022 to August 31, 2022:
15,918 Customers provided with water service.
906 Field service calls completed.
0 Main leak repaired.
12 Main leaks year-to-date 2022 20 Main leaks year-to-date 2021 6 Service leak repairs
37 Service leaks year-to-date 2022 58 Service leaks year-to-date 2021

57.78 Million gallons produced by wells.
$906,305 Processed in billings.
8,778 Accounts processed in billings.
2,485 Number of customers on E-bill
90 New Accounts (includes tenant turnover).

5.45 Equivalent Dwelling Units (EDU) added to the water system. $1,115,195 Total Gross receipts processed.

BOARD MEETINGS:

The following was approved by the Board of Water and Power Commissioners at a Regular Board Meeting on August 30, 2022:
• The Board denied the customer’s request, stating the customer should pay the full connection fees because the DWP abides by the California Constitution, Article XIIID, and offer the customer a payment plan for up to six months.
• The Board approved the budget adjustment and approved Change Order No. 2 to the Contract with Apple Valley Construction in the amount of $103,857.28.
• The Board authorized staff to file a Notice of Completion with the San Bernardino County for the 2018 USDA Pipeline Replacement Project, Phase III, Package B naming DDH Apple Valley Construction as the contractor. The total cost of the project was $2,834,202.64. • The Board authorized staff to file a Notice of Completion with the San Bernardino County for the Moonridge Pipeline Replacement Project naming DDH Apple Valley Construction as the contractor. The total cost of the project was approximately $264,000.

City Manager’s Report
September 27, 2022

Page 2 of 2 ends

• The Board adopted the Statutory Exemption under the provisions of CEQA Section 15282(k) and authorized the General Manager to file the Notice of Exemption.

Big Bear Lake City CouncilOctober 17, 2022

Big Bear Lake City Council
October 17, 2022