Regular Meeting Minutes – October 17, 2022
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A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 5:30 p.m., Monday, October 17, 2022, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
PUBLIC FORUM FOR CLOSED SESSION: None.
At the hour of 5:30 p.m., Council adjourned to Closed Session.
At the hour of 6:02 p.m., Mayor Herrick called Open Session to order.
OPEN SESSION
Flag Salute: Flag Salute led by Mayor Pro Tem Mote
Invocation: Invocation was led by Pastor Jay Walden from the Bear Valley Church
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
Erica Stephenson, City Clerk
Stephen P. Deitsch, City Attorney
RESULTS OF 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 Stephen Deitsch, City Attorney, announced the following actions taken during Closed Session:
A motion was by Councilmember Melnick, seconded by Mayor Pro Tem Mote, to authorize the retention of the law firm of Nielsen Merksamer to represent the City and the City Clerk in the litigation suit, and to authorize the City Manager to execute a retainer agreement with the law firm of Nielsen Merksamer.
The motion passed with a vote of 4-1, with Councilmember Lee voting “no”.
A motion was made by Mayor Herrick, seconded by Councilmember Putz, to appoint an ad hoc committee comprised of Mayor Herrick and Councilmember Melnick, to conduct general oversight regarding this litigation suit. The motion passed with a vote of 4-1, with Councilmember Lee voting “no”.
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October 17, 2022
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
Dawn Hartmeister, Big Bear Lake Rotary Club President, shared that the Rotary Club will be participating in the City’s Halloween in the Village event, and encouraged viewers to attend; invited the public to join the Rotary Club for their monthly meeting which will feature County Supervisor Dawn Rowe and Congressman Jay Obernolte as the keynote speakers; encouraged the public to attend a meeting sponsored by the Rotary Club to raise awareness about human trafficking on October 20.
Gloria Meade, Big Bear City resident, expressed her concerns with the parking configuration on Moonridge Road; asked if the City would consider installing parallel parking stalls for safety reasons.
Chris Segovia, Big Bear Lake resident, introduced himself as District 1 Council Candidate Kendi Segovia’s husband; stated his opinion that the Public Communications portion of the meetings should not be used for City Councilmember general comments; corrected the record related to Councilmember Lee’s recent literature that indicated he earns over $100,000 annually working in the property management business supporting vacation rentals, which he explained is untrue; stated it was also untrue that his wife received a significant amount of campaign donations from the Big Bear Real Estate industry; questioned Councilmember Lee’s campaign funding sources.
Marco A. Barcenas, Big Bear Lake resident, described hazardous living conditions (including mold, damaged flooring and poor water pressure) at the Crossings at Big Bear Lake on Knickerbocker Road; expressed his beliefs that the apartment complex is poorly managed; requested Council’s help with this matter.
Jim Eakin, Big Bear Lake resident, reminded the public that District 1 is having a recall election in an effort to recall Councilmember Lee; informed the voters that they need to vote for a District 1 replacement candidate in addition to the answering the recall question; stated he is a District 1 candidate and shared personal background regarding his prior public service, volunteer work and leadership qualities; provided a listing of some community members that support his candidacy.
Margaret Tiffenthaller, Rim Family Services Representative, addressed Council in support of the residents of the Crossings at Big Bear Lake apartment complex and expressed her concerns for the residents’ health and
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October 17, 2022
safety due to the current mold related issues; requested Council’s help in getting some of the residents moved to safer living conditions.
Beth Wheat, Big Bear Lake resident, wanted to take the opportunity to correct the public record in response to a Councilmember’s recent negative public comments about her written communications and public interaction with Councilmember Lee; stated her beliefs that Councilmember Lee’s use of the public comment period to malign citizens who express their concerns is an abuse of public meetings; requested that the community be civil to one another despite their different opinions and reminded people to vote in the November 8 elections.
Theodore Trentman, Big Bear resident, expressed his concerns with the Citizen-Led Initiative, Measure “O” – more specifically that vacation rental owners will need to abide by the same rules as renters when they utilize their property; cited a few of his specific concerns as it related to property owner restrictions; cautioned the community about what may result if they were to vote for Measure “O”.
E.T. Russell, Big Bear Lake resident, stated that she is a resident of the Crossings at Big Bear Lake apartment complex; detailed the unsafe conditions of the property, including water damage and mold; provided information about how she believes these hazardous living conditions are impacting the health of several residents.
Alan Lee, Big Bear Lake Councilmember, provided an update on his recent Town Hall Meeting, which included the topics of the empty KMart building, oversaturation of vacation rentals, the Village deficit and stated possible solutions to these community issues were discussed; read a negative comment from a written communication that he indicated he received from Chris Segovia’s son-in-law; commented on some negative social media posts he stated someone made regarding his grandchildren; offered an Alan Lee “care bear” to all of his Council colleagues.
Tina Duiphant, Big Bear Lake resident, stated that she is a resident of the Crossings at Big Bear Lake; described the hazardous conditions of her apartment unit including a severe mold issue and water damaged flooring; indicated that the complex does not currently have a property manager, which is resulting in issues with rent payments and routine maintenance; pleaded for the City’s help.
Loren Hafen, Big Bear Lake resident, stated he is a 50 year resident of Big Bear Lake; said he is angry with the divisiveness he has witnessed in the community and believes that Councilmember Alan Lee has played a role creating it; thinks the Council needs to take further disciplinary action against Councilmember Lee; commented on a negative political mailer he received and urged the community to seek the facts.
Patrice Duncan, Sugarloaf resident, stated, that after reviewing approximately one thousand records she received in response to a public records request submitted to the City, the Sherrif’s Department and the Fire Department, she has not found evidence to support Councilmember Lee’s claims of receiving threatening or racially-targeted messages; she also indicated that she has not received any responsive emails from Councilmember Lee’s personal email address as outlined in her public records request, and stated she will pursue legal action if she does not receive said emails.
Annette Karnes, Big Bear Lake resident, stated she is a longtime resident and that she doesn’t support the Measure “O” initiative, provided a historical reference of the local vacation rental industry over the years; and indicated that the local vacation rental industry allows many community members an opportunity to provide for their families and in turn many of these residents help to support the local charitable organizations.
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October 17, 2022
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 Approved.
1.2 APPROVAL OF MEETING MINUTES FROM THE SEPTEMBER 9, 2022 SPECIAL
MEETING OF CITY COUNCIL
Approved.
1.3 APPROVAL OF MEETING MINUTES FROM THE SEPTEMBER 19, 2022 REGULAR
MEETING OF CITY COUNCIL
Approved.
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 considered 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.
Approved and adopted the following ordinance entitled:
ORDINANCE NO. 2022-507
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
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 considered 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.
Approved and adopted the following resolution entitled:
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RESOLUTION NO. 2022-122
RESOLUTION AUTHORIZING ON-CALL SNOW
REMOVAL CONTRACTS AND A SNOW REMOVAL
AGREEMENT WITH BIG BEAR MOUNTAIN RESORTS
FOR WINTER SEASON 2022-23
1.6 RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A NO PARKING ZONE ON
CLUBVIEW DRIVE FROM MOONRIDGE ROAD TO CEDAR AVENUE
City Council considered a formal resolution authorizing the establishment of a No Parking Zone on Clubview Drive from Moonridge Road to Cedar Drive. Staff recommended this to promote pedestrian safety along Clubview Drive and to enhance motorists’ visibility when approaching the roundabouts.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-123
RESOLUTION AUTHORIZING THE ESTABLISHMENT OF
A NO PARKING ZONE ON CLUBVIEW DRIVE FROM
MOONRIDGE ROAD TO CEDAR AVENUE
1.7 RESOLUTION AUTHORIZING A PURCHASE ORDER FOR SANITARY SEWER
MANHOLE COVERS
City Council considered 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.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-124
RESOLUTION AUTHORIZING A PURCHASE ORDER FOR
SANITARY SEWER MANHOLE COVERS
Councilmember Lee requested to remove Item 1.4 from the Consent Calendar, but no other Councilmember had the same request, so Item 1.4 remained on the Consent Calendar.
A motion was made by Councilmember Putz, seconded by Mayor Pro Tem Mote, to approve the Consent Calendar.
Said motion was approved by the following vote, with Mayor Herrick abstaining from Item 1.5 due to a potential Conflict of Interest, and with Councilmember Lee abstaining on Item 1.2 and 1.3, and voting “no” on Item 1.4:
AYES: Putz, Lee, Melnick, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
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October 17, 2022
ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
2. PUBLIC HEARINGS
2.1 ORDINANCE ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE
City Council conducted a public hearing and considered 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.
Sue O’Strander, Director of Community Development, introduced Dan Chudy, Contract Building Official, to present the item. Dan Chudy highlighted several of the changes in the Building Standards Code and International Property Maintenance Code. Sue O’Strander read aloud the title of the ordinance.
Following Council questions, Mayor Herrick opened the public hearing at the hour of 7:10 p.m., and seeing no speakers, Mayor Herrick closed the public hearing at 7:10 p.m.
A motion was made by Councilmember Putz, seconded by Mayor Pro Tem Mote, to approve staff’s recommendation of reading the title, waiving further reading and introducing an ordinance entitled:
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
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Said motion was approved by the following vote:
AYES: Putz, Lee, Mote, Melnick, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
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
Sue O’Strander, Director of Community Development, briefly presented the item and explained that Assembly Bill 1236 requires local agencies to have a streamlined process for electric vehicle charging stations, to be in-place by January 1, 2023. Sue O’Strander then read aloud the title of the ordinance.
City Council conducted a public hearing and considered 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.
Following Council questions, Mayor Herrick opened the public hearing at the hour of 7:15 p.m., and seeing no speakers, Mayor Herrick closed the public hearing at 7:16 p.m.
A motion was made by Mayor Pro Tem Mote, seconded by Councilmember Putz, to approve staff’s recommendation of reading the title, waiving further reading and introducing an ordinance entitled:
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
Said motion was approved by the following vote:
AYES: Mote, Putz, Melnick, Lee, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
3 DISCUSSION/ACTION ITEMS
3.1 FAIR POLITICAL PRACTICES COMMISSION (FPPC) FORM 700 AND FPPC CAMPAIGN
FINANCING DOCUMENT OVERVIEW
In response to a request made by Mayor Herrick and seconded by Councilmember Melnick at the September 19, 2022 meeting, Stephanie Smith, Director of Elections Services at Best Best & Krieger (BB&K), gave a presentation which included 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.
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Following Council questions and comments, a motion was made by Mayor Pro Tem Mote to bring back a discussion after the first of the year regarding placing limitations on individual campaign contribution amounts, total committee contribution amounts, and the amount a candidate can loan his/her own committee/campaign.
A substitute motion was made by Councilmember Putz, seconded by Mayor Pro Tem Mote, to bring back a discussion item after the first of the year to explore establishing campaign financing limits that are appropriate and legal for this community.
Said motion was approved by the following vote:
AYES: Mote, Putz, Melnick, Lee, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
3.2 CONSIDERATION OF ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (EDAC)
ACTION ITEMS
In response to City Council’s feedback and direction to the EDAC’s work program presentation at the August 1, 2022 meeting, Sue O’Strander, Director of Community Development, presented two (2) actionable items for City Council consideration including a master plan concept for the 19-acre property and the initiation of a beautification campaign to enhance the aesthetics along Big Bear Boulevard.
Following Council questions and comments, a motion was made by Councilmember Putz, seconded by Councilmember Melnick, to direct staff to proceed with the issuance of a Request for Proposals for the formation of a Master Plan concept for the 19-acre property; to allocate $1500 for use by EDAC to print and mail brochures to business owners.
Said motion was approved by the following vote:
AYES: Putz, Lee, Mote, Melnick, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
4. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
4.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
Erik Sund, City Manager, congratulated the Community Development Department on the certification of the 2021-2029 Housing Element; invited the public to attend an event hosted by Supervisor Dawn Rowe at Moonridge Coffee on October 27; indicated that the City is making continued efforts to highlight and educate the community about the Moonridge Corridor project and the new roundabouts; announced that the Clean Bear sites will be accessible by Big Bear Lake residents only- effective November 1; reported on his recent tour of the Community Services District building & operations by Mary Reeves, General Manager of that organization.
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4.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Lee requested that two items be brought forward for future Council discussion and consideration. One of the proposed items includes a discussion to enact a policy that would require all Closed Session Council Meetings to be recorded. Councilmember Melnick showed support for this item.
The second item Councilmember Lee suggested be brought back for future discussion and consideration was to amend the Council Rules of Order dealing with public decorum at Open Session Council Meetings. This item was not supported by another Councilmember.
Mayor Pro Tem Mote reported on her visit to the American Patriot Guitar Build event that was sponsored in part by the City and the Six Strings Veterans Guitar Concert held at the Performing Arts Center; noted her attendance at the October 11 EDAC Meeting; acknowledged Sue O’Strander, Director of Community Development for her attendance at a recent conference in which she promoted Economic Development for the City of Big Bear Lake.
Mayor Herrick commented on the progress of the Moonridge Corridor Improvements Project and said he is pleased with the outcome thus far and the positive feedback he has received from the general public.
ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting at 9:01 p.m.
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Erica Stephenson, City Clerk