Agenda packet — Big Bear Lake City Council, November 7, 2022 (part 1 of 2)

CITY COUNCIL

REGULAR MEETING AGENDA
NOVEMBER 7, 2022
Meeting Time: 6:00 p.m.

Meeting Location: Hofert Hall, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 ____________________________________________________________________________________________

COUNCILMEMBERS

MAYOR RICK HERRICK

MAYOR PRO TEM BYNETTE MOTE

COUNCILMEMBER ALAN LEE

COUNCILMEMBER PERRI MELNICK

COUNCILMEMBER RANDALL PUTZ

CITY STAFF

CITY MANAGER ERIK SUND

CITY ATTORNEY STEPHEN DEITSCH

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

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

OPEN SESSION

CALL TO ORDER

PLEDGE OF ALLEGIANCE

INVOCATION
Invocation will be led by Jim Lona, Commander of American Legion Post 584.

ROLL CALL

PRESENTATIONS
• Presentation of a Proclamation to the Family Court Awareness Month Committee in recognition of November as Family Court Awareness Month.
• Presentation to Janice Etter, Senior Principal Planner, recognizing her for receiving a Planning Advocate Award from the Inland Empire Chapter of the American Planning Association.

CITY COUNCIL AGENDA
November 7, 2022 - Page 2

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 10/05/2022 THROUGH 10/31/2022 IN THE AMOUNT OF $3,775,074.20 AND THE SEPTEMBER 2022 TREASURER’S REPORT

1.2 APPROVAL OF MEETING MINUTES FROM THE OCTOBER 3, 2022 REGULAR MEETING OF

CITY COUNCIL

1.3 APPROVAL OF MEETING MINUTES FROM THE OCTOBER 17, 2022 REGULAR MEETING

OF CITY COUNCIL

1.4 ORDINANCE ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE
City Council will consider an ordinance adopting the 2022 California Building Standards Code and the 2018 International Property Maintenance Code. This is a triennial update to the Building Codes and will update the Title 8 (Health and Safety) and Title 15 (Buildings and Construction) sections of the Municipal Code.

City Council introduced the ordinance, conducted the first reading of the title and waived further reading at the October 17, 2022 regular meeting.

1.5 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 consider adopting an ordinance adding Chapter 15.44 (Electric Vehicle Charging Stations) to Title 15 (Buildings and Construction) to 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. City Council introduced the ordinance, conducted the first reading of the title and waived further reading at the October 17, 2022 regular meeting.

1.6 RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO T-REX DEMOLITION, INC.

FOR THE DEMOLITION OF THE BUILDING AT 40986 BIG BEAR BOULEVARD City Council will consider a formal resolution awarding a construction contract to T-Rex Demolition, Inc. for the demolition of the building at 40986 Big Bear Boulevard. This building is located on the 19-acre parcel that the City recently leased from Bear Valley Mutual Water Company and the building is unsafe and in need of considerable repair. Being that there is no perceived use for the current structure, it is proposed to be removed in order to alleviate the safety and aesthetic concerns while allowing the property to be reimagined.

ITEMS REMOVED FROM THE CONSENT CALENDAR

CITY COUNCIL AGENDA
November 7, 2022 - Page 3

2. DISCUSSION/ACTION ITEMS

2.1 2022-23 WINTER TRAFFIC MANAGEMENT, PARKING, AND ENFORCEMENT PLANS Staff will provide the City Council with an overview of the 2022-23 Winter Traffic Management, Parking, and Enforcement Plans. The review of the Winter Traffic Management Plan will provide updates that have been developed during the recent offseason to accommodate forthcoming changes to winter operations. This offseason, the City retained a traffic engineering firm to support the review and updating of the Winter Traffic Management Plan with involvement from the City staff, Big Bear Mountain Resorts, the Sheriff’s Department, and Mountain Transit.

2.2 URGENCY ORDINANCE AMENDING SECTION 17.25.210 (ACCESSORY DWELLING UNITS) OF THE DEVELOPMENT CODE (TITLE 17 OF THE MUNICIPAL CODE) TO IMPOSE NEW

LIMITS ON LOCAL AUTHORITY TO REGULATE ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS AS A RESULT OF RECENT STATE LAW CHANGES City Council will consider adopting an urgency ordinance to address new legislation, recently signed into law by Governor Newsom in September 2022. The new legislation amends Government Code sections 65852.2 and 65852.22, affecting accessory dwelling units and junior accessory dwelling units, and will take effect on January 1, 2023. A formal development code amendment process will follow to incorporate the necessary regulations permanently into the Municipal Code, including public notices and hearings before the Planning Commission and City Council.

3. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS

3.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS

3.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS

ADJOURNMENT

TENTATIVE ITEMS TO BE CONSIDERED AT A FUTURE CITY COUNCIL MEETING 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
DECEMBER 12, 2022: 2023 CITY COUNCIL MEETING CALENDAR
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 3rd day of November 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
84494 California State Highway Patrol 10/06/2022 8,182.46 84495 City of Big Bear Lake Dept of Water & Power 10/06/2022 565.02 84496 Mountain Area Regional Transit Authority 10/06/2022 100,000.00 84498 Big Bear Chamber of Commerce 10/06/2022 26.55
84499 Best Best & Krieger LLP 10/06/2022 32,712.50
84500 BlackHole Technologies Inc 10/06/2022 1,728.05
84501 Butchers Blocks & Building Materials 10/06/2022 817.13 84502 Bear Valley Electric 10/06/2022 19,770.07
84503 Charter Communications Holdings, LLC 10/06/2022 1,035.85 84504 Cintas Corporation 10/06/2022 942.17
84505 Dapeer Rosenblit & Litvak LLP 10/06/2022 820.00
84506 Dial M Productions 10/06/2022 1,875.00
84507 Lumber City Corp. 10/06/2022 48.02
84508 Fisher Integrated, Inc. 10/06/2022 1,200.00
84509 Frontier Communications 10/06/2022 225.60
84510 Golden Bell Products, Inc 10/06/2022 3,413.52
84511 Grainger Inc. 10/06/2022 229.53
84512 Granite Construction Company 10/06/2022 1,102,383.12 84514 Haaker Equipment Co. Inc. 10/06/2022 2,132.32
84515 Intelesys One, Inc. 10/06/2022 11,043.38
84516 Mission Linen Supply Inc. 10/06/2022 675.47
84517 National Business Furniture 10/06/2022 1,652.23
84519 Orkin Inc. 10/06/2022 181.00
84521 Parkhouse Tire, Inc. 10/06/2022 5,148.44
84522 The Public Restroom Company 10/06/2022 42,112.00
84523 Nestle Waters North America 10/06/2022 822.63
84524 Robertson's Ready Mix 10/06/2022 89.03
84526 The Lodge at Big Bear Lake ‐ A Holiday Inn Resort 10/06/2022 2,520.00 84527 United Rentals (North America), Inc 10/06/2022 9,180.30 84529 Vulcan Materials Company Inc. 10/06/2022 944.40
84530 Waxie Sanitary Supply Inc. 10/06/2022 261.27
84531 Willdan Engineering Inc 10/06/2022 588.00
84532 TJM Promos 10/11/2022 1,548.00
84533 San Bernardino County Clerk of the Board of Supervisors 10/13/2022 50.00 84534 San Bernardino County Fire Protection District 10/13/2022 5,353.24 84535 San Bernardino County Sheriff's Dept 10/13/2022 442,169.00 84536 San Bernardino County Vehicle Svcs Dept 10/13/2022 11,582.51 84537 City of Big Bear Lake Dept of Water & Power 10/13/2022 3,570.92 84541 Bravo Arts Solutions LLC 10/13/2022 64.90
84543 Burtronics Business Systems 10/13/2022 569.75
84544 Bear Valley Electric 10/13/2022 2,359.36
84545 Car Quest Auto Parts 10/13/2022 41.27
84547 Charter Communications Holdings, LLC 10/13/2022 2,023.30 84549 Frontier Communications 10/13/2022 2,846.13
City of Big Bear Lake
Checks Issued 10/05/2022 ‐ 10/31/2022
Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 10/05/2022 ‐ 10/31/2022
84551 The Grizzly 10/13/2022 2,282.00
84552 Michael Koch 10/13/2022 185.00
84553 LOR Geotechnical Group, Inc. 10/13/2022 7,158.40
84554 Ludecke's Electrical Service, Inc. 10/13/2022 1,900.80 84555 Mile High Equipment, Inc. 10/13/2022 689.60
84556 Mountain Water Co 10/13/2022 128.00
84557 MuniServices, LLC 10/13/2022 1,870.00
84558 Genuine Auto Parts 10/13/2022 34.46
84561 Quill Corporation 10/13/2022 406.21
84562 ROW Traffic Safety, Inc. 10/13/2022 2,000.00
84564 Solar Technology Inc 10/13/2022 1,485.00
84565 Staples Business Credit 10/13/2022 88.42
84566 Southwest Boulder & Stone Inc 10/13/2022 11,531.94 84567 Tops N Barricades Inc 10/13/2022 1,620.00
84568 Alexandro Torres 10/13/2022 10,450.00
84569 United Rentals (North America), Inc 10/13/2022 2,665.28 84570 Maria Busuioc 10/20/2022 9,750.00
84577 Department of Justice 10/20/2022 96.00
84578 San Bernardino County 10/20/2022 4.00
84579 All Protection Alarm 10/20/2022 978.84
84581 Big Bear Chamber of Commerce 10/20/2022 20.11
84582 Big Bear Disposal Inc 10/20/2022 109.89
84585 Bear Valley Electric 10/20/2022 1,127.29
84586 Bear Valley Paving, Inc. 10/20/2022 27,630.75
84587 Bear Valley Printing Inc 10/20/2022 91.42
84588 Occupational Health Centers of California 10/20/2022 162.00 84590 Kara Flietstra 10/20/2022 2,047.25
84591 Docu‐Trust 10/20/2022 50.00
84592 Granite Construction Company 10/20/2022 1,372,533.54 84596 Knights Automotive and Performance, Inc. 10/20/2022 223.50 84597 Language Testing International 10/20/2022 184.00
84598 Mile High Equipment, Inc. 10/20/2022 1,780.00
84599 Mojave Desert & Mountain 10/20/2022 3,634.00
84600 Randy Spitz 10/20/2022 82.00
84601 Orkin Inc. 10/20/2022 210.00
84602 Quality One Engravers Inc 10/20/2022 245.50
84603 Jaquetta Shelton 10/20/2022 274.00
84604 Quill Corporation 10/20/2022 330.94
84606 ROW Traffic Safety, Inc. 10/20/2022 2,075.00
84607 Romans Construction Corp. 10/20/2022 1,800.00
84608 Schock Contracting Corporation 10/20/2022 352,225.23 84610 S Porter Inc 10/20/2022 76,907.25
84612 Tom Dodson & Associates 10/20/2022 1,500.00
84613 Twin Bear Equipment Rental, Inc. 10/20/2022 350.90 Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 10/05/2022 ‐ 10/31/2022
84625 San Bernardino County Fire Protection District 10/27/2022 455.00 84626 Blaze Cone Company, Inc 10/27/2022 4,369.00
84627 Bear Valley Electric 10/27/2022 763.01
84628 Charter Communications Holdings, LLC 10/27/2022 1,161.73 84629 Cintas Corporation 10/27/2022 117.45
84630 FedEx 10/27/2022 121.04
84631 Extra Space Management Inc 10/27/2022 903.00
84632 Frontier Communications 10/27/2022 93.02
84634 Intelesys One, Inc. 10/27/2022 252.16
84635 JAMAR Technologies, Inc 10/27/2022 431.21
84638 Marlin Business Bank 10/27/2022 1,660.06
84640 Mission Linen Supply Inc. 10/27/2022 656.02
84641 Nativescapes, Inc. 10/27/2022 160.00
84642 Orkin Inc. 10/27/2022 181.00
84644 Quill Corporation 10/27/2022 256.30
84645 Robertson's Ready Mix 10/27/2022 212.00
84646 Southwest Gas Corporation 10/27/2022 1,363.72
84647 United Rentals (North America), Inc 10/27/2022 2,211.07 84649 Verizon Wireless 10/27/2022 1,307.95
84653 Willdan Engineering Inc 10/27/2022 29,337.50
ACH Gary Payne 10/13/2022 330.00
ACH Ruth Lorentz 10/27/2022 2,310.00
3,775,074.20
Check# Vendor/Employee Transaction Amount
City Manager 4120
84649 Verizon Wireless Cell Phone Service 10/27/2022 39.37 City Manager Total 39.37
City Clerk 4130
84551 The Grizzly Legal Notices 10/13/2022 590.75
84630 FedEx Shipping Charges 10/27/2022 121.0484634 Intelesys One, Inc. Records Request Support 10/27/2022 252.16 84644 Quill Corporation Office Supplies 10/27/2022 174.50 84649 Verizon Wireless Cell Phone Service 10/27/2022 60.74 City Clerk Total 1,199.19
Finance 4140
84557 MuniServices, LLC Annual Reporting Data 10/13/2022 1,870.00 84649 Verizon Wireless Cell Phone Service 10/27/2022 15.91 Finance Services Total 1,885.91
Human Resources 4150
84577 Department of Justice Recruitment Expense 10/20/2022 96.00 84588 Occupational Health Centers of California Recruitment Expense 10/20/2022 162.00 84597 Language Testing International Language Testing 10/20/2022 184.00 84602 Quality One Engravers Inc Employee Appreciation 10/20/2022 245.50 84649 Verizon Wireless Cell Phone Service 10/27/2022 13.64 Human Resources Total 701.14
City Attorney 4170
84499 Best Best
& Krieger LLP Professional Legal Services 10/06/2022 32,712.50 City Attorney Total 32,712.50
Traffic Safety 4230
84544 Bear Valley Electric Electricity Usage ‐ Credit 10/13/2022 (27.71) 84585 Bear Valley Electric Electricity Usage 10/20/2022 110.24 84627 Bear Valley Electric Electricity Usage 10/27/2022 241.40 Traffic Safety Total 323.93
Law Enforcement 4250
84535 San Bernardino County Sheriff's Dept Monthly Sheriff Contract ‐ October 10/13/2022 442,169.00 Law Enforcement Total 442,169.00
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/05/2022 ‐ 10/31/2022
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/05/2022 ‐ 10/31/2022
Animal Regulation 4260
84552 Michael Koch Animal Shelter Maintenance 10/13/2022 185.00 84601 Orkin Inc. Animal Shelter Pest Service 10/20/2022 125.00 Animal Regulation Total 310.00
Engineering 4310
84531 Willdan Engineering Inc Professional Services 10/06/2022 588.00 84533 San Bernardino County Clerk of the Board of Supervisors Recording Fees 10/13/2022 50.00 84536 San Bernardino County Vehicle Svcs Dept Fuel Charges 10/13/2022 41.03 84587 Bear Valley Printing Inc Moonridge Ribbon Cutting Ceremony 10/20/2022 91.42 84603 Jaquetta Shelton Moonridge Ribbon Cutting Ceremony 10/20/2022 274.00 84604 Quill Corporation Office Supplies 10/20/2022 330.94 84649 Verizon Wireless Cell Phone Service 10/27/2022 83.47 Engineering Total 1,458.86
Street Maintenance 4320
84500 BlackHole Technologies Inc GPS Monthly Services 10/06/2022 1,728.05 84501 Butchers Blocks
& Building Materials Materials/Supplies 10/06/2022 175.99 84504 Cintas Corporation First Aid Supplies 10/06/2022 134.07 84507 Lumber City Corp. Materials/Supplies 10/06/2022 29.68 84516 Mission Linen Supply Inc. Laundry Service 10/06/2022 270.19 84523 Nestle Waters North America Drinking Water 10/06/2022 411.31 84524 Robertson's Ready Mix Materials/Supplies 10/06/2022 89.03 84529 Vulcan Materials Company Inc. Materials/Supplies 10/06/2022 944.40 84530 Waxie Sanitary Supply Inc. Janitorial Supplies 10/06/2022 65.32 84536 San Bernardino County Vehicle Svcs Dept Fuel Charges 10/13/2022 5,183.42 84555 Mile High Equipment, Inc. Materials/Supplies 10/13/2022 689.6084562 ROW Traffic Safety, Inc. Equipment Rental‐Delineators 10/13/2022 2,000.00 84564 Solar Technology Inc Vehicle Software Upgrade 10/13/2022 1,485.00 84606 ROW Traffic Safety, Inc. Equipment Rental‐Delineators 10/20/2022 2,075.0084626 Blaze Cone Company, Inc Materials/Supplies 10/27/2022 2,184.50 84628 Charter Communications Holdings, LLC Cable Service 10/27/2022 75.88 84629 Cintas Corporation First Aid Supplies 10/27/2022 58.73 84631 Extra Space Management Inc Storage Rental Spaces 10/27/2022 903.00 84635 JAMAR Technologies, Inc Traffic Counters 10/27/2022 431.21 84640 Mission Linen Supply Inc. Laundry Service 10/27/2022 262.41 84649 Verizon Wireless Cell Phone Service 10/27/2022 194.83 PW: Street Maintenance Total 19,391.62
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/05/2022 ‐ 10/31/2022
Vehicle Maintenance 4325
84516 Mission Linen Supply Inc. Laundry Service 10/06/2022 33.77 84521 Parkhouse Tire, Inc. Vehicle Repair 10/06/2022 861.54 84537 City of Big Bear Lake Dept of Water
& Power Water Usage 10/13/2022 158.06
84596 Knights Automotive and Performance, Inc. Vehicle Maintenance 10/20/2022 183.50 84627 Bear Valley Electric Electricity Usage 10/27/2022 35.40 84640 Mission Linen Supply Inc. Laundry Service 10/27/2022 32.80 84646 Southwest Gas Corporation Natural Gas Usage 10/27/2022 138.48 PW: Vehicle Maintenance Total 1,443.55
Street Lighting 4330
84502 Bear Valley Electric Electricity Usage 10/06/2022 6,571.64 84544 Bear Valley Electric Electricity Usage 10/13/2022 36.23 84585 Bear Valley Electric Electricity Usage 10/20/2022 97.96 84627 Bear Valley Electric Electricity Usage 10/27/2022 54.66 PW: Street Lighting Total 6,760.49
Parking Lots / Chamber Building 4335
84498 Big Bear Chamber of Commerce Natural Gas Usage ‐ August 10/06/2022 26.55 84502 Bear Valley Electric Electricity Usage 10/06/2022 1,479.66 84503 Charter Communications Holdings, LLC Security Camera Internet Service 10/06/2022 239.96 84530 Waxie Sanitary Supply Inc. Janitorial Supplies 10/06/2022 65.32 84537 City of Big Bear Lake Dept of Water
& Power Water Usage 10/13/2022 451.85
84579 All Protection Alarm Alarm Monitoring 10/20/2022 179.70 84581 Big Bear Chamber of Commerce Natural Gas Usage ‐ September 10/20/2022 20.11 84585 Bear Valley Electric Electricity Usage 10/20/2022 381.63 84601 Orkin Inc. Pest Service 10/20/2022 85.00
PW: Parking Lots/Chamber Total 2,929.78
Planning 4410
84578 San Bernardino County Monthly Assessor Parcel Map Update 10/20/2022 4.00 84653 Willdan Engineering Inc Professional Services 10/27/2022 1,890.00 ACH Ruth Lorentz Professional Services 10/27/2022 2,310.00 Planning Total 4,204.00
Planning Commission 4411
84551 The Grizzly Legal Notices 10/13/2022 1,691.25
Planning Commission Total 1,691.25
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/05/2022 ‐ 10/31/2022
Tourism Registration / Administration 4414
84494 California State Highway Patrol Traffic Control 10/06/2022 8,182.46 84561 Quill Corporation Office Supplies 10/13/2022 406.21 Tourism Registration / Administration Total 8,588.67
Tourism
& Municipal Code Compliance 4415
84505 Dapeer Rosenblit
& Litvak LLP Professional Legal Services 10/06/2022 820.00 84509 Frontier Communications Telephone Service 10/06/2022 72.26 84536 San Bernardino County Vehicle Svcs Dept Fuel Charges 10/13/2022 1,461.84 84649 Verizon Wireless Cell Phone Service 10/27/2022 204.57 Tourism
& Municipal Code Compliance Total 2,558.67
Building
& Safety 4430
84536 San Bernardino County Vehicle Svcs Dept Fuel Charges 10/13/2022 115.65 84649 Verizon Wireless Cell Phone Service 10/27/2022 85.92 84653 Willdan Engineering Inc Professional Services 10/27/2022 27,447.50 Building
& Safety Total 27,649.07
PAC Administration 4610
84541 Bravo Arts Solutions LLC Ticket Printing Fees 10/13/2022 64.90 84649 Verizon Wireless Cell Phone Service 10/27/2022 9.09 PAC Administration Total 73.99
City Parks
& Trails 4625
84495 City of Big Bear Lake Dept of Water
& Power Water Usage 10/06/2022 565.02
84502 Bear Valley Electric Electricity Usage 10/06/2022 365.95 84503 Charter Communications Holdings, LLC Security Camera Internet Service 10/06/2022 119.98 84511 Grainger Inc. Materials/Supplies 10/06/2022 229.53 84530 Waxie Sanitary Supply Inc. Janitorial Supplies 10/06/2022 65.32 84537 City of Big Bear Lake Dept of Water
& Power Water Usage 10/13/2022 1,621.34
84544 Bear Valley Electric Electricity Usage 10/13/2022 332.32 84585 Bear Valley Electric Electricity Usage 10/20/2022 93.30 84628 Charter Communications Holdings, LLC Security Camera Internet Service 10/27/2022 289.96 City Parks
& Trails Total 3,682.72
General Government 4800
84503 Charter Communications Holdings, LLC Internet Service 10/06/2022 675.91 84504 Cintas Corporation First Aid Supplies 10/06/2022 321.70 84506 Dial
M Productions Employee Appreciation Event 10/06/2022 1,875.00 84509 Frontier Communications Telephone Service 10/06/2022 60.32 84517 National Business Furniture Office Supplies 10/06/2022 1,652.23 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/05/2022 ‐ 10/31/2022
84526 The Lodge at Big Bear Lake ‐
A Holiday Inn Resort Employee Appreciation Event 10/06/2022 2,520.00 84543 Burtronics Business Systems Copier Lease 10/13/2022 380.75 84547 Charter Communications Holdings, LLC Cable Service 10/13/2022 2,023.30 84549 Frontier Communications Telephone Service 10/13/2022 2,240.16 84556 Mountain Water Co Water Dispenser Rental
& Water 10/13/2022 128.00
84565 Staples Business Credit Office Supplies 10/13/2022 88.42 84579 All Protection Alarm Civic Center Security Service 10/20/2022 673.85 84591 Docu‐Trust Document Storage 10/20/2022 50.00
84600 Randy Spitz Meeting Supplies 10/20/2022 82.00
84613 Twin Bear Equipment Rental, Inc. Equipment Rental 10/20/2022 350.90 84628 Charter Communications Holdings, LLC Internet Service 10/27/2022 675.91 84638 Marlin Business Bank Copier Lease 10/27/2022 1,660.06 84644 Quill Corporation Office Supplies 10/27/2022 81.80 84649 Verizon Wireless Cell Phone Service 10/27/2022 6.81 General Government Total 15,547.12
Information Technology 4810
84508 Fisher Integrated, Inc. Video Streaming 10/06/2022 1,200.00 84515 Intelesys One, Inc. IT Services/License Fees November 2022 10/06/2022 10,438.88 84649 Verizon Wireless Cell Phone Service 10/27/2022 96.60 Technology Services Total 11,735.48
Civic Center 4820
84501 Butchers Blocks
& Building Materials Materials/Supplies 10/06/2022 578.86 84502 Bear Valley Electric Electricity Usage 10/06/2022 7,350.87 84504 Cintas Corporation First Aid Supplies 10/06/2022 352.34 84507 Lumber City Corp. Materials/Supplies 10/06/2022 18.34 84515 Intelesys One, Inc. Network Cabling Services 10/06/2022 604.50 84516 Mission Linen Supply Inc. Laundry Service 10/06/2022 47.28 84519 Orkin Inc. Pest Control 10/06/2022 181.00
84530 Waxie Sanitary Supply Inc. Janitorial Supplies 10/06/2022 65.31 84536 San Bernardino County Vehicle Svcs Dept Fuel Charges 10/13/2022 1,667.40 84537 City of Big Bear Lake Dept of Water
& Power Water Usage 10/13/2022 416.78
84543 Burtronics Business Systems Copier Repair 10/13/2022 189.00 84628 Charter Communications Holdings, LLC Security Camera Internet Service 10/27/2022 119.98 84640 Mission Linen Supply Inc. Laundry Service 10/27/2022 45.92 84642 Orkin Inc. Pest Control 10/27/2022 181.00
84646 Southwest Gas Corporation Natural Gas Usage 10/27/2022 157.67 84649 Verizon Wireless Cell Phone Service 10/27/2022 49.30 Civic Center Total 12,025.55
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/05/2022 ‐ 10/31/2022
PAC Operations
& Maintenance 4821
84501 Butchers Blocks
& Building Materials Materials/Supplies 10/06/2022 4.27 84502 Bear Valley Electric Electricity Usage 10/06/2022 2,450.29 84579 All Protection Alarm Civic Center Security Service 10/20/2022 125.29 84646 Southwest Gas Corporation Natural Gas Usage 10/27/2022 45.22 84649 Verizon Wireless Cell Phone Service 10/27/2022 45.46 ACH Gary Payne Theatre Maintenance
& Support 10/13/2022 330.00
PAC Operations
& Maintenance Total 3,000.53
Sanitation 250
84501 Butchers Blocks
& Building Materials Materials/Supplies 10/06/2022 58.01 84502 Bear Valley Electric Electricity Usage 10/06/2022 918.76 84504 Cintas Corporation First Aid Supplies 10/06/2022 134.06 84509 Frontier Communications Telephone Service 10/06/2022 93.02 84510 Golden Bell Products, Inc Materials/Supplies 10/06/2022 3,413.52 84514 Haaker Equipment Co. Inc. Materials/Supplies 10/06/2022 2,132.3284516 Mission Linen Supply Inc. Laundry Service 10/06/2022 270.19 84521 Parkhouse Tire, Inc. Vehicle Repair Parts 10/06/2022 4,286.90 84523 Nestle Waters North America Drinking Water 10/06/2022 411.32 84536 San Bernardino County Vehicle Svcs Dept Fuel Charges 10/13/2022 3,113.17 84537 City of Big Bear Lake Dept of Water
& Power Water Usage 10/13/2022 48.75
84544 Bear Valley Electric Electricity Usage 10/13/2022 1,821.42 84545 Car Quest Auto Parts Vehicle Repair Parts 10/13/2022 41.27 84549 Frontier Communications Telephone Service 10/13/2022 605.97 84558 Genuine Auto Parts Vehicle Repair Parts 10/13/2022 34.46 84596 Knights Automotive and Performance, Inc. Vehicle Maintenance 10/20/2022 40.00 84626 Blaze Cone Company, Inc Materials/Supplies 10/27/2022 2,184.50 84627 Bear Valley Electric Electricity Usage 10/27/2022 431.55 84629 Cintas Corporation First Aid Supplies 10/27/2022 58.72 84632 Frontier Communications Telephone Service 10/27/2022 93.02 84640 Mission Linen Supply Inc. Laundry Service 10/27/2022 262.41 84646 Southwest Gas Corporation Natural Gas Usage 10/27/2022 138.47 84649 Verizon Wireless Cell Phone Service 10/27/2022 327.11 Sanitation Total 20,918.92
Mountain Transit 282
84496 Mountain Area Regional Transit Authority No‐Fare Transit System Contribution 10/06/2022 100,000.00 Mountain Transit (MTA) Total 100,000.00
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/05/2022 ‐ 10/31/2022
Village Streetscape Maintenance 291
84502 Bear Valley Electric Electricity Usage 10/06/2022 632.90 84537 City of Big Bear Lake Dept of Water
& Power Water Usage 10/13/2022 874.14
84544 Bear Valley Electric Electricity Usage 10/13/2022 197.10 84554 Ludecke's Electrical Service, Inc. Village Receptacle Repairs 10/13/2022 1,900.80 84585 Bear Valley Electric Electricity Usage 10/20/2022 444.16 84641 Nativescapes, Inc. Tree Removal
& Inspection 10/27/2022 160.00
84646 Southwest Gas Corporation Natural Gas Usage 10/27/2022 883.88 Village Streetscape Total 5,092.98
Capital Projects 321
84522 The Public Restroom Company Stanfield Cutoff Restroom 10/06/2022 42,112.00 84568 Alexandro Torres Raise Sewer Manholes to Grade 10/13/2022 10,450.00 84570 Maria Busuioc Vehicle Registration Services 10/20/2022 9,750.00 84582 Big Bear Disposal Inc Storage Container ‐ Animal Shelter 10/20/2022 109.89 84586 Bear Valley Paving, Inc. Standfield Cutoff Restroom Site Preparations Project 10/20/2022 27,630.75 84608 Schock Contracting Corporation Stanfield Boardwalk Improvement Project 10/20/2022 352,225.23 84610 S Porter Inc Stanfield Marsh Outdoor Recreation and Education Project 10/20/2022 76,907.25 84612 Tom Dodson
& Associates Castle Rock Trailhead Improvements ‐ Environmental Services 10/20/2022 1,500.00 Capital Projects Total 520,685.12
Street Improvement Projects 350
84512 Granite Construction Company Moonridge Realignment & Roundabouts Construction 10/06/2022 1,102,383.12
84527 United Rentals (North America), Inc Moonridge Realignment & Roundabouts ‐ Fencing
& K‐Rail 10/06/2022 9,180.30
84532 TJM Promos Moonridge Corridor Ribbon Cutting 10/11/2022 1,548.00 84553 LOR Geotechnical Group, Inc. Moonridge Corridor Improvements ‐ Geotechnical Services 10/13/2022 7,158.40 84566 Southwest Boulder
& Stone Inc Moonridge Corridor Improvements‐Furnishings Boulder Bench 10/13/2022 11,531.94 84567 Tops N Barricades Inc Moonridge Realignment
& Roundabouts ‐ Speed Trailer 10/13/2022 1,620.00
84569 United Rentals (North America), Inc Moonridge Realignment & Roundabouts ‐ Light Tower 10/13/2022 2,665.28
84590 Kara Flietstra Moonridge Corridor Ribbon Cutting 10/20/2022 2,047.25 84592 Granite Construction Company Moonridge Realignment & Roundabouts Construction 10/20/2022 1,372,533.54
84598 Mile High Equipment, Inc. Moonridge Realignment
& Roundabouts ‐ Asphalt 10/20/2022 1,780.00
84607 Romans Construction Corp. Moonridge Realignment
& Roundabouts ‐ Stop
& Waste Valve 10/20/2022 1,800.00
84645 Robertson's Ready Mix Moonridge Realignment
& Roundabouts ‐ Rock 10/27/2022 212.00
84647 United Rentals (North America), Inc Moonridge Realignment & Roundabouts ‐ Barrier Wall 10/27/2022 2,211.07
Capital Projects/ Street Improvements Total 2,516,670.90 Refuse 550
84516 Mission Linen Supply Inc. Laundry Service 10/06/2022 54.04 84534 San Bernardino County Fire Protection District CUPA Permits 10/13/2022 5,353.24 84599 Mojave Desert
& Mountain Membership Contributions 10/20/2022 3,634.00 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/05/2022 ‐ 10/31/2022
84625 San Bernardino County Fire Protection District CUPA Permits 10/27/2022 455.00 84640 Mission Linen Supply Inc. Laundry Service 10/27/2022 52.48 84649 Verizon Wireless Cell Phone Service 10/27/2022 75.13 Refuse Total 9,623.89
Grand Total 3,775,074.20
DISTRIBUTION OF TREASURY CASH Rate Amount % of Total
Demand Account - Union Bank $ 2.22% 628,871
Imprest Cash - Union Bank Payroll $ 0.57% 162,114
Imprest Cash $ 1,525 0.01%
Dental Self Insured Checking $ 165,049 0.58%
Local Agency Investment Fund (LAIF) 1.513% 27,383,681 $ 96.62% Total Cash In Treasury: $ 28,341,241 100.00%
INVESTMENT ACTIVITY Days Deposits Withdrawals
LAIF Average Life (Days) of Portfolio 311
LAIF Transactions $750,000 $1,850,000
Interest Received for Fiscal Year 2022-23 $0
DISTRIBUTION OF CASH BY FUND September 2022 August 2022 Change General $ 21,985,624 21,223,243 $ (762,381) $
Sanitation $ 5,032,469 4,554,989 $ (477,480) $
Capital Improvement $ 1,401,261 1,069,081 $ (332,180) $ Refuse $ 694,311 379,446 $ (314,865) $
Trust $ 974,267 630,557 $ (343,710) $
Successor Agency $ 133,827 133,827 $ - $
AB 3229 Supp Law Enforce $ 350,098 $ 347,229 $ 2,869
Total Cash in Treasury: $ 28,341,241 $ 30,568,988 $ (2,227,747) CASH WITH FISCAL AGENT - RESERVE FUNDS Cost Basis Market Value Current Yield 2005 Revenue Refunding Bonds
Big Bear Lake Reserve Fund $ 567,809 567,809 $ 2.81%
Moonridge Reserve Fund $ 79,651 $ 79,651 2.81%
1999 IA Tax Allocation Bonds $ 289,289 $ 289,289 2.81%
- 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
September 30, 2022
Regular Meeting Minutes – October 3, 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, October 3, 2022, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.

OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Melnick
Invocation: Invocation was led by Pastor Eric Hoerger from Believers Chapel
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
Todd Leishman, on behalf of City Attorney Stephen Deitsch

PRESENTATIONS
• Presentation of a 5-year Employee Service Award to Laura Knotts, Administrative Analyst for the Administrative Services Department.
• Presentation of a Proclamation Recognizing October as Community Planning Month. • Presentation of a Proclamation Recognizing October 9 through October 16 as Code Enforcement Officer Appreciation Week.

PUBLIC COMMUNICATIONS
Patrice Duncan, Sugarloaf resident, started by thanking the Councilmembers that supported the Bear Valley Neighborhood Potluck & Firefighter Appreciation Event; expressed her concerns regarding alleged acts of racism against Councilmember Lee and asked Council to further examine Councilmember Lee’s allegations and take action if it is determined that racism exists; briefly discussed records requests she submitted to the City, the Sherrif’s Department and the Fire Department to validate Councilmember Lee’s claims and reported that she has currently found no such evidence of racism, or other harassing messages.

Kendi Segovia, Big Bear Lake resident, stated that she is leading the Alan Lee recall campaign and that she is a candidate for the District 1 seat should the recall effort be successful; recounted a conversation she overheard at the last Council meeting alleging Bernard Bryan indicated that Councilmember Lee is a funding source of an

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October 3, 2022
ensuing lawsuit related to the Councilmember Mote recall petitions; invited the community to review the recallee.com website.

Cindy Dupre & Kelly Olson, representatives of the Big Bear Patriots and Lions for Freedom group, addressed remarks made by Councilmember Lee and stated that Councilmember Lee was never invited to be a speaker at the Big Bear Patriots and Lions for Freedom meetings.

Kim Brunet, Big Bear Lake resident, reiterated that she is the founder of “Skate-by-the-Lake”, an outdoor ice rink and roller-rink established for the local community and tourists’ recreation and enjoyment; said that she is looking for another location for the outdoor rink and questioned if the 99-acre property that the City just leased could be a potential home for “Skate-by-the-Lake”.

Karen Bergman, Big Bear Lake resident, expressed her concerns with recent graffiti in her neighborhood and asked the City to investigate the matter in hopes of preventing further vandalism; also expressed her concerns of safety and lack of maintenance on the Rathbun Creek Trail.

Bobbi Hazelton, Big Bear City resident, expressed her concerns regarding the lack of surveillance of the two ballot drop-boxes within the City limits; urged the City to work with the San Bernardino County Registrar of Voters to purchase and install surveillance equipment near the ballot drop-boxes for security purposes.

Matt Scriven, Big Bear Lake resident, accused Paul Sokoloff, the Principal Officer of the Political Action Committee Big Bear Lake United, Yes on Measure O, of not being transparent and alleged that Paul did not register or remit TOT payments to the City of Big Bear Lake for his previously owned Big Bear Lake property that Matt claims was a vacation rental.

Liz Harris, Big Bear Lake resident, said that it is time for the City to move forward and said the Council and the community must be open to one another and learn from the current state of divisiveness so that it can be prevented in the future; further stated her beliefs that it is time to recall Councilmember Lee.

Bernard Bryan, Big Bear Lake resident, stated that he represents the recall effort of Mayor Pro Tem Mote entitled “Recall Mote Now”; announced that he is financing the legal fees related to the recall effort against Mayor Pro Tem Mote; said constituents have the right to recall any Councilmember if it is perceived that they are not doing the job they were elected to do.

Alan Lee, Big Bear Lake Councilmember, acknowledged the invocation made by Pastor Hoerger and said that he was glad to have formally initiated the inclusion of invocations being part of each Council meeting and stated that he was the Councilmember that originally suggested the motto “In God We Trust” be included under the City seal in Hofert Hall; thanked the community members that attended the 2nd annual Community Unity event; indicated that while there has been some racially motivated remarks and actions against him, he doesn’t believe the majority of the community to be racist; closed his comments with a community prayer.

1. CONSENT CALENDAR

1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 09/02/2022 THROUGH 09/22/2022 IN THE AMOUNT OF $2,130,741.56
Approved.

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October 3, 2022

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

OF CITY COUNCIL
Approved.

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

OF CITY COUNCIL
Approved.

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

MEETING OF CITY COUNCIL
Approved.

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

OF CITY COUNCIL
Approved.

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

REGULAR MEETING OF CITY COUNCIL
Approved.

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

MEETING OF CITY COUNCIL
Approved.

1.8 ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 2022-046, AMENDING THE ZONING MAP TO ESTABLISH THE R-4 ZONE DISTRICT AND AMENDING CHAPTERS 17.02 (DEFINITIONS), 17.03 (GENERAL PROCEDURES), 17.25 (RESIDENTIAL ZONES), AND 17.35 (COMMERCIAL AND PUBLIC ZONES) OF THE CITY’S MUNICIPAL CODE (TITLE 17)
City Council considered adoption of an ordinance amending the zoning map to establish the R-4 zone district and amending chapters 17.02 (Definitions), 17.03 (General Procedures), 17.25 (Residential Zones), and 17.35 (Commercial and Public Zones) and finding these amendments exempt from the California Environmental Quality Act. City Council introduced the ordinance, conducted the first reading of the title and waived further reading at the September 19, 2022 regular meeting.

Approved and adopted the following ordinance entitled:

ORDINANCE NO. 2022-506

ORDINANCE OF THE CITY OF BIG BEAR LAKE CITY COUNCIL
APPROVING DEVELOPMENT CODE AMENDMENT 2022-046, AMENDING THE ZONING MAP TO ESTABLISH THE R-4 ZONE DISTRICT AND

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October 3, 2022
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

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

SANITARY SEWER MAIN REPLACEMENT PROJECT
City Council considered a formal resolution accepting the work of Romans Construction and authorizing a Notice of Completion for the Jay Bird Lane Sanitary Sewer Main Replacement Project.

This project replaced approximately 180 linear feet of sanitary sewer main and the associated sewer lateral connections. The total project cost was $92,818.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-118

RESOLUTION AUTHORIZING A NOTICE OF COMPLETION

FOR THE JAY BIRD LANE SANITARY SEWER MAIN

REPLACEMENT PROJECT

1.10 RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR THE SANITARY

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

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-119

RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR

THE SANITARY SEWER MANHOLES TO GRADE PROJECT

1.11 RESOLUTION AUTHORIZING THE AWARD OF AN AGREEMENT TO APERFORMANCE TOWING, INC FOR VEHICLE TOWING AND IMPOUNDING

SERVICES
City Council considered a formal resolution awarding a Professional Services agreement to APerformance Towing, Inc. for vehicle towing and impounding services essential to snowplow operations. The Fiscal Year 2022-23 adopted budget includes an appropriation for these services.

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-120

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

VEHICLE TOWING AND IMPOUNDING SERVICES

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October 3, 2022

1.12 RESOLUTION APPROVING PRIVATE PROPERTY IMPROVEMENTS AND

SETTLEMENT AGREEMENT AND RELEASE ASSOCIATED WITH THE MOONRIDGE

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

Approved and adopted the following resolution entitled:

RESOLUTION NO. 2022-121

RESOLUTION APPROVING PRIVATE PROPERTY

IMPROVEMENTS AND SETTLEMENT AGREEMENT &

RELEASE ASSOCIATED WITH THE MOONRIDGE CORRIDOR

IMPROVEMENTS PROJECT
A motion was made by Mayor Pro Tem Mote, seconded by Councilmember Putz to approve the consent calendar.

Said motion was approved by the following vote:

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

ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

2. DISCUSSION/ACTION ITEMS

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

COUNCIL) CONCERNING RESIDENCY REQUIREMENTS AND PROOF THEREOF FOR

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

Todd Leishman, BB&K Attorney, outlined the provisions in the proposed ordinance and referenced the Cities that have also adopted a similar ordinance.

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October 3, 2022
Mayor Herrick invited up speakers who wished to speak on the item, and the following individual approached Council:

Theodore Trentman, Big Bear resident (this public comment card was overlooked during the public communications portion of the meeting), questioned Councilmember Lee’s residency; thanked the community members who attended the community potluck event; announced that a “No On O” rally will be held on November 6; expressed his concerns about a person stealing a “No on O” political sign; indicated his beliefs regarding the importance for the community to have the freedom to express their constitutional right of free speech.

Following Council discussion and expressed concerns brought forth by the Council, BB&K Attorney Todd Leishman suggested that Council modify the proposed ordinance to require Councilmembers and City Council candidates to provide the City Clerk with documents from each of the three (3) proof of residency categories included in the proposed ordinance.

A motion was made by Councilmember Putz, seconded by Mayor Pro Tem Mote, to modify the ordinance at the above suggestion of BB&K Attorney Todd Leishman; and to read the title, waive further reading, and introduce an ordinance entitled:

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 COUNCILMEMBERS
Said motion was approved by the following vote:

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

3. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS

3.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
Erik Sund, City Manager, reported on the various meetings and events he has attended in the past few weeks, which included an Emergency Response Responder Liaison Meeting with Southwest Gas, Highlander Adventure of Lifetime Event with Mayor Herrick and Councilmember Putz, a manager’s luncheon with the managers of all the local agencies, a meeting with Chief Willis to discuss the Big Bear Fire Authority, the community meeting with the residents of the Leisure Bear Mobile Home Park, and a meeting with Big Bear Mountain Resorts regarding the Winter Traffic Management Plan.

3.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Lee expressed his appreciation for Mayor Herrick allowing him to have additional speaking time during the public communication portion of tonight’s meeting.

Mayor Pro Tem Mote reported on the September 28 Big Bear Area Regional Wastewater Agency (BBARWA) Board Meeting.

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October 3, 2022
Mayor Herrick reported on the September 27 meeting with the residents of the Leisure Bear Mobile Home Park.

ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting at 7:25 p.m.
_______________________
Erica Stephenson, City Clerk
Regular Meeting Minutes – October 17, 2022
-
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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Meeting Minutes
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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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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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,

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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.
_________________________
Erica Stephenson, City Clerk

MEETING
DATE: November 7, 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
On October 17, 2022, the City Council conducted a public hearing and introduced an ordinance to adopt the 2022 California Building Standards Code and the 2018 International Property Maintenance Code. At that meeting, there were no public comments offered, and the City Council took action to read the title, waive further reading and introduced the ordinance.

This action occurs every three years, as mandated by the California Building Standards Commission. The new codes will become effective statewide on January 1, 2023.

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
It is recommended that the City Council adopt the proposed ordinance adopting the 2022 California Building Standards Code and the 2018 International Property Maintenance Code.

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 7th day of November, 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,

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: November 7, 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
On October 17, 2022, the City Council conducted a public hearing and introduced an ordinance to adopt regulatory standards in compliance with Assembly Bill 1236 and Assembly Bill 970, pertaining to electric vehicle charging stations. The State developed this legislation to further the availability of charging infrastructure to help drive the deployment of zero emission vehicles, and requires all California cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging stations. The law requires compliance by January 1, 2023.

At the October meeting, there were no public comments offered, and the City Council took action to read the title, waive further reading and introduced the ordinance.

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 adopt the proposed 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 PURSUANT 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 7th day of November, 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 7th day of November, 2022, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

EXCUSED:

Erica Stephenson, City Clerk

MEETING
DATE: November 7, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Director of Public Services
Jacky Chan, Associate Engineer
SUBJECT: Resolution Awarding a Construction Contract to T-Rex Demolition, Inc. for the Demolition of the Building at 40986 Big Bear Boulevard

BACKGROUND
On August 1, 2022, a 99-year ground lease became effective between the City of Big Bear Lake and Bear Valley Mutual Water Company for 19-acres of property located between Big Bear Boulevard and Big Bear Lake. The property presently includes two (2) commercial restaurant properties, two (2) residential units, and a fifty-nine (59) space mobile home park. Presently on the property is a building, at 40986 Big Bear Boulevard, that is dilapidated and unsafe and currently presents no present or future use opportunities.

On September 19, 2022, the City Council authorized a bid solicitation for the demolition of the building at 40986 Big Bear Boulevard. Staff has conducted the bid solicitation, has reviewed the received bids, and is recommending the award of a construction contract to T-Rex Demolition, Inc. (Baldwin Park, CA).

DISCUSSION
Staff conducted a bid solicitation in accordance with the City’s purchasing guidelines. A Notice Inviting Bids was circulated in the Grizzly, on the City Website, and on Planet Bids, an online bid service. A mandatory pre-bid conference and site inspection was held on October 13, 2022. On October 27, 2022, the City Clerk’s Office received, publicly opened, and read aloud five (5) sealed bids with the following results:

Bidder Location Total Base Bid Price
Abajian Enterprise DBA SoCal Removal Santa Ana, CA $ 22,222.00 Elka Construction, Inc. Temecula, CA $ 29,000.00
T-Rex Demolition, Inc. Baldwin Park, CA $ 31,932.11
S. Porter, Inc. Big Bear Lake, CA $ 34,247.00
UBD, Inc. North Hollywood, CA $ 53,100.00
Staff reviewed the bids received for completeness, accuracy, and conformance to the project specifications. Staff identified issues and concerns with two (2) of the bids received and, as a result, staff is recommending that the City Council reject the bids of the lowest bidder, Abajian Enterprises DBA SoCal Removal, and the second lowest bidder, Elka Construction, Inc., as nonresponsive.

The bid of Abajian Enterprises DBA SoCal Removal includes a flaw in the submitted bid bond.

The bid bond was executed on October 14, 2022 and the City issued Addendum No. 1 to the project specifications on October 24, 2022. As the bid bond was executed prior to the specifications being finalized, by Addendum No. 1, the bid bond does not guarantee the project as modified by the addendum. As such, the bid of Abajian Enterprises DBA SoCal Removal is found to be nonresponsive. The bid of Elka Construction, Inc, the second lowest bidder, does not include an executed notary acknowledgement as included within the specifications and bid documents. The failure to include the notary acknowledgement has rendered this bid as nonresponsive. Staff is recommending that the City Council reject both of these bids as outlined above. This recommendation was communicated to the respective bidders in letters, dated November 2 that are attached to this report.

The bid of T-Rex Demolition, Inc. is found to be in order and their price of $31,932.11 is consistent with staff’s anticipated costs for this project. T-Rex Demolition, Inc. is located in Baldwin Park, CA and has been in business since 2012. The submitted bid package includes the completion of a number projects that are similar in nature, including demolition of homes and structures.

Upon approval of this agreement, staff will coordinate with the contractor to execute all necessary documents and proceed with the project as soon as possible.

FISCAL IMPACT
At the time that the ground lease with Bear Valley Mutual Water Company became effective, the City Council authorized funding in the amount of $150,000 in Measure Y proceeds for the initial clean-up of this property. The costs associated with this project will be derived from those funds.

ENVIRONMENTAL CONSIDERATIONS
At the time of the authorization of a bid solicitation, the City Council found that this project is categorically exempt from the California Environmental Quality Act (CEQA) under section 15301.L(3).

RECCOMENDATION
It is recommended that the City Council adopt a Resolution Awarding a Construction Contract to T-Rex Demolition, Inc. for the Demolition of a Building at 40986 Big Bear Boulevard.

ATTACHMENTS

1. Resolution No. 2022-XX

2. Letter to Abajian Enterprises DBA SoCal Removal

3. Letter to Elka Construction, Inc.

ATTACHMENT 1
RESOLUTION NO. 2022-XX

RESOLUTION AWARDING A CONSTRUCTION CONTRACT
TO T-REX DEMOLITION, INC. FOR THE DEMOLITION OF
THE BUILDING AT 40986 BIG BEAR BOULEVARD
WHEREAS, effective August 1, 2022, the City of Big Bear Lake became the controlling interest of 19-acres of property under a ground lease with the Bear Valley Mutual Water Company and the City is now responsible for all current and future land uses; and WHEREAS, there is an existing commercial structure, located at 40986 Big Bear Boulevard, that previously housed a commercial sign shop and is now vacant with an incomplete tenant improvement within; and
WHEREAS, staff has found the building to be dilapidated and unsafe and in need of substantial repair to make it habitable and there is no identified present or future use for the project; and WHEREAS, on September 19, 2022, the City Council authorized staff to conduct a bid solicitation for the demolition of the identified building at 40986 Big Bear Boulevard; and WHEREAS, on October 27, 2022, staff received, publicly opened, and read aloud five (5) sealed bids for this project and staff conducted a review of the bids received for completeness, accuracy, and conformance to the project specifications; and
WHEREAS, staff’s review of the lowest bid received, from Abajian Enterprises DBA SoCal Removal, found that the bid bond was executed prior to the release of the project Addendum No. 1, rendering the bid as nonresponsive as the bid bond does not guarantee the project as modified by Addendum No. 1; and
WHEREAS, staff’s review of the second lowest bid received, from Elka Construction, Inc., found that bid package did not include an executed notary acknowledgement, which is required for the execution of the bid, rendering the bid as nonresponsive; and WHEREAS, as the lowest and second lowest bids were identified to have the issues outlined above, staff is recommending that the City Council reject those bids as nonresponsive; and WHEREAS, the bid of T-Rex construction, the next lowest bidder, was found to be in order and provided a bid price of $31,932.11, and staff is recommending that the City Council award the construction contract for this project based upon this bid; and WHEREAS, upon approval of this contract, staff will coordinate with the contractor to execute all necessary documents and coordinate the work of the project as soon as possible; and WHEREAS, this project is being funded through the $150,000 in Measure Y proceeds that was authorized by the City Council for the initial cleanup of the acquired property at the time that the ground lease became effective.

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

1. The bids of Abajian Enterprises DBA SoCal Removal and Elka Construction, Inc. are rejected as nonresponsive.

2. A construction contract is awarded to T-Rex Demolition, Inc. in the amount of $31,932.11 for the Demolition of the Building at 40986 Big Bear Boulevard.

PASSED, APPROVED AND ADOPTED this 7th day of November, 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 7th day of November, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ATTACHMENT 2

CITY OF
BIG BEAR LAKE �Ida,
November 2, 2022
Andre Abajian, CEO
Abajian Enterprises DBA SoCal Removal
1640 E. Edinger A venue, Unit C
Santa Ana, CA 92705
RE: Bid for Demolition of the Building at 40986 Big Bear Boulevard Mr. Abajian,
Via Email
The City of Big Bear Lake is in receipt of your bid for the above referenced project, dated October 25, 2022. The bids were received and publicly opened at Big Bear Lake City Hall on Thursday, October 27, 2022 at 2:00 p.m.

City staff has reviewed the bids received and the bid of Abajian Enterprises DBA SoCal Removal was found to be nonresponsive as the bid bond was executed prior to the release of Addendum No.

1. As the bid bond was executed on October 14, 2022 and Addendum No. 1 was issued on October 24, 2022, the included bid bond does not guarantee the project as modified by Addendum No. 1.

Staff is recommending to the City of Big Bear Lake City Council that this bid be rejected as nonrespons1ve.

This recommendation will be included in a report to the City of Big Bear Lake City Council at its next regularly scheduled meeting on November 7, 2022. The meeting is scheduled for 6:00 p.m. at the Big Bear Lake Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315.

Please contact me at (909) 866-5831 x 113 or ssullivan(a),citybigbearlake.com should you have any questions or concerns.

Rll:ll g;�;ivan
Director of Public Services
Cc: Erik Sund, City Manager
Stephen Deitsch, City Attorney
Jacky Chan, Associate Engineer/ Project Manager
Public Services Department
39707 Big Bear Boulevard, PO Box I 0000, Big Bear Lake, CA 923 15 • (909) 866-583 I • \\\\\I .cit'>btt!bearlake.com ATTACHMENT 3

MEETING
DATE: November 7, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Director of Public Services
SUBJECT: 2022-23 Winter Traffic Management, Parking, and Enforcement Plans

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 to visit the resorts, play in the snow, or experience the winter conditions. Winter weather and visitation management is a coordinated effort between multiple agencies including Caltrans, San Bernardino County Sheriff’s Department, Big Bear Mountain Resort, Mountain Transit, the City of Big Bear Lake, local businesses and multiple other stakeholders that meet and coordinate throughout the year related to winter season management.

The key efforts for winter season management are focused on snow management, traffic management, and code compliance.

This report will focus on the Winter Traffic Management Plan (TMP), which is an effort to manage and mitigate the traffic destined for Big Bear Mountain Resorts (BBMR). BBMR operates two ski and snowboard resorts, Bear Mountain and Snow Summit, and the resort season is generally from November through March, depending upon weather conditions. A Traffic Management Plan (TMP) was implemented beginning in 2017/18 as a coordinated effort between BBMR, the San Bernardino County Sheriff’s Department, and the City.

In August 2022, the City Council authorized a consulting agreement with Gibson Transportation Consulting to coordinate a review and revision of the TMP. The impetus behind this review and revision was driven by the operational changes that will impact the TMP including the completion of the Moonridge Corridor Improvements Project, which includes the new roundabouts, the acquisition by BBMR of a large parking lot on Sandalwood Drive, and the continued utilization of Mountain Transit to provide shuttling operations in support of the TMP.

Presented through this report is an overview of the process and the corresponding results that have created the Winter Traffic Management Plan for the 2022-23 Winter season.

DISCUSSION
Beginning in August 2022, when the agreement with Gibson Transportation Consulting was executed, a working group has been meeting and working regularly on the review and development of the TMP. This working group has included representatives from BBMR, Mountain Transit, the San Bernardino County Sheriff’s Department, the California Highway Patrol, City staff from Public Works and Engineering, and the team from Gibson Transportation Consulting. The team met as a whole, as well as individually with the consultant, to discuss all matters related to winter traffic operations. The goal of the plan and effort has been to manage the Resort’s circulation and parking to minimize the traffic impacts on residents and businesses while prioritizing safety and the guest experience.

The plan reviewed and considered the previous iterations of the TMP, which was developed by a team composed of similar members and roles and a consulting engineer (TKE Engineering) in advance of the 2017-18 winter season. This plan has remained in place, with minimal infield adjustments, since it was implemented. The current effort considered that plan while also contemplating the following changes:

1. Completion of the Moonridge Corridor Improvements Project, which constructed two (2) roundabouts and will impact the roadway capacity during peak season operations.

2. The acquisition of an additional parking facility, by BBMR, in the vicinity of Sandalwood Drive.

3. The ongoing provision, and expansion, of shuttling services provided by Mountain Transit.

BBMR will generally operate from November through March depending upon the weather conditions. Over the course of the season, the resorts will generate traffic impacts based upon several factors, including weather and mountain conditions as well as weekends and holidays. The 150-day season is generally distributed with 120 non-peak days, 20-25 peak days, and about 5 maximum days. The peak days are typically weekends and holidays as well as the period around Christmas and the New Year. Maximum days typically occur during the weekends and holidays but are also driven by the weather and mountain conditions. Winter TMP operations are scheduled to begin the weekend of December 16-17 and will continue each weekend through early March and daily during the period from December 16 through the New Year holiday to accommodate the anticipated peak and maximum days.

The TMP is generally focused on getting the visitors to the appropriate parking locations by following the signs and traffic control personnel that are deployed throughout the City when the TMP is in place. On those days, the necessary signs will be deployed and operated by BBMR staff.

Parking Lot Phasing
BBMR operates up to seven (7) parking facilities with available parking for more than 5,000 guest vehicles. For the 2022-23 winter season, parking will be differentiated as Pre-Paid Parking and Free Parking. Pre-paid parking will be implemented, on peak and maximum days, at the base lots of both BBMR locations and will be made available through their online ticketing portal. All other visitors will be directed to the free parking lots, which are not resort specific, that will be supported by shuttles with dedicated routes to either Snow Summit or Big Bear Mountain Resorts. The parking phasing, as outlined below, will remain the same for all days in which the TMP is operated.

Paid Parking Snow Summit and Bear Mountain Base Lots
Phase I Sandalwood and Fox Farm Lots
Phase II Brownie Lot
Phase III Moonridge Lot and Backwards Look Lot (if needed) The Phase I lots (Sandalwood and Fox Farm) will be accessed by eastbound traffic from Fox Farm Road and by westbound traffic from Sandalwood Drive. This routing will direct vehicles away from the resort areas with the intent of providing quick and efficient parking while maintaining accessible shuttle routes, avoiding routes to key facilities (hospital, Sheriff’s station, dump facility), and relieving congestion in other areas.

As the Phase I lots fill, the deployed signage will be changed to transition arriving guests to the Phase II and Phase III lots as necessary. The Phase II and Phase III lots will be accessed by directing traffic southbound on Moonridge Road to the identified entry points.

Shuttle Operations
Mountain Transit will provide for the parking lot shuttles under a contract with BBMR for this upcoming season. Mountain Transit has contracted approximately twelve (12) full size buses and retained the necessary staff to be dedicated to this operation. Mountain Transit has supported the effort to consolidate and phase the parking locations while also striving to keep the shuttle routes clear and accessible to provide for efficient service. Where possible, the shuttles have been separated from the visitor and parking traffic to allow them to run as efficiently as possible.

In addition to the shuttling operations, Mountain Transit will continue to operate the Free Trolley Service, which provides service to both Snow Summit and Bear Mountain. Snow Summit is served by the Red Line and Bear Mountain is served by the Blue Line.

TMP Implementation
Beginning this season, BBMR staff will be responsible for the daily implementation of the TMP, including the deployment of the signs and traffic control equipment as well as providing the necessary traffic control staff. BBMR has been working to have the necessary staff professionally trained and certified as Traffic Control Technicians. The BBMR team has been key partners and active participants in the development of the TMP for this upcoming winter season.

Ongoing Observations and Updates
As the revised TMP is implemented this season, staff from the City, BBMR, and the Sheriff’s Department will monitor and observe its operations on an ongoing basis to ensure that it is operating safely and effectively. Gibson Transportation Consulting may also be called upon to observe the TMP in action to support any review or necessary updates. Should situations arise where changes need to be made to the plan, they will be done so collectively to achieve the primary goals of maintaining safety and efficiency.

Online Mapping Companies
The team is continuing to attempt to make inroads with the operators of the primary online mapping companies (Google, Waze, and Apple Maps) to implement the reflection of the TMP elements on these mapping platforms. Staff has some access to Waze to program elements of the winter traffic control but has not had success with the other providers. Staff will continue to pursue these contacts in an attempt to better reflect the TMP conditions on these platforms as they are very heavily used by visitors to the area.

Proactive Communication
As these plans are finalized and are prepared to be rolled out, staff will focus their efforts and attention to building proactive communication in advance of the winter season. The intent will be to develop communications plans for the residents and the visitors, alike, to advise of the peak season impacts and provide up to date information and alternatives. Staff will work to coordinate these efforts and messages with BBMR and Visit Big Bear to ensure consistent, productive, and timely communication with the community and our visitors.

Traffic Management and Parking Agreement With Big Bear Mountain Resorts Historically, the City and Big Bear Mountain Resorts have executed a Traffic Management and Parking Agreement. This agreement provides BBMR a revocable license to control traffic and parking along City Streets. The agreement also outlines BBMR’s responsibilities relative to snow plowing, on City streets, within their assigned areas around the resorts. The proposed resolution authorizes staff to execute this agreement for the 2022-23 winter season.

Winter Enforcement Plans
The City plans to deploy additional Sheriff’s Department personnel to high visitation areas on weekends and holidays to assist in keeping order, enforcing parking restrictions, and enforcing illegal snow play. This year, as Sheriff’s Department personnel will no longer be dedicated to staffing the TMP operations, Deputies will be made available to enforce the traffic control and vehicle activity related to the TMP. In addition to TMP enforcement, Deputies will continue to be focused on the areas of Boulder Bay Park, Aspen Glen, the Village, and Cherry Lane, amongst others, to keep order and resolve concerns in these areas.

FISCAL IMPACTS
The costs associated with these efforts are included within the adopted Fiscal Year 2022-23 annual budget. The Public Works/Engineering Budget includes funding for staff to observe and support the TMP as well as for additional consulting services. The Law Enforcement budget includes the necessary funding for overtime to support the deployment of the additional deputies.

ENVIRONMENTAL CONSIDERATIONS
Implementation of the Winter Traffic Management Plan is not considered 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 receive and file this report. It is also recommended that the City Council adopt a Resolution Authorizing a Traffic Management and Parking Agreement with Big Bear Mountain Resorts.

ATTACHMENTS

1. Resolution No. 2022-XX

2. Winter Traffic Management Plan
ATTACHMENT 1
RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING A TRAFFIC MANAGEMENT AND

PARKING AGREEMENT WITH BIG BEAR MOUNTAIN RESORTS
WHEREAS, pursuant to various agreements and, most recently, pursuant to City Council Resolution No. 2021-122, the City of Big Bear Lake has delegated to Big Bear Mountain Resorts (BBMR) certain rights to control traffic and parking over certain public streets adjacent to the operations of Snow Summit and Bear Mountain, as set forth in Resolution 2021-122; and, WHEREAS, the previous agreements delegate certain authorities to BBMR to implement traffic control, parking plans, and utilize portions of public streets for private parking purposes; and, WHEREAS, Big Bear Mountain Resorts is prepared to implement the Winter Traffic Management Plan consistent with the developed Winter Traffic Management Plan for 2022-23, as developed by Gibson Transportation Consulting, Inc.,
WHEREAS, Big Bear Mountain Resorts has worked closely with the City, the Sheriff’s Department, Mountain Transit, and Gibson Transportation Consulting, Inc. on the design and implementation of this plan; and,
WHEREAS, neither party desires any changes to the agreement from the previous agreement; and,
WHEREAS, both parties mutually agree to execute a new agreement, consistent with the terms of the previous agreement, through the 2022-23 Winter Season.

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 a Traffic and Parking Agreement with Big Bear Mountain Resorts through the period ending May 31, 2023.

PASSED, APPROVED AND ADOPTED this 7th day of November, 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
DRAFT

TRAFFIC MANAGEMENT PLAN

FOR THE

BIG BEAR MOUNTAIN RESORTS PROJECT

BIG BEAR LAKE, CALIFORNIA
NOVEMBER 2022

PREPARED FOR

CITY OF BIG BEAR LAKE, CALIFORNIA

PREPARED BY
DRAFT

TRAFFIC MANAGEMENT PLAN

FOR THE

BIG BEAR MOUNTAIN RESORTS PROJECT

BIG BEAR LAKE, CALIFORNIA
November 2022
Prepared for:

CITY OF BIG BEAR LAKE, CALIFORNIA
Prepared by:

GIBSON TRANSPORTATION CONSULTING, INC.
555 W. 5th Street, Suite 3375
Los Angeles, California 90013
(213) 683-0088
Ref: J2028a
Table of Contents

1. Introduction ......................................................................................................................... 1

2. Circulation ......................................................................................................................... 2 Parking Lot Deployment ........................................................................................ 3 Traffic Control ......................................................................................................... 4 Key Intersection Operations .................................................................................. 8 2022-23 Circulation Changes ................................................................................ 9

3. Parking Lot Operations ...................................................................................................... 26 Individual Lots ........................................................................................................ 27

4. Shuttle Bus ........................................................................................................................ 38 Shuttle Operating Strategy .................................................................................... 38 Shuttle Routes By Lot ............................................................................................ 40 Flexibility ................................................................................................................. 41

5. Residential Protection ....................................................................................................... 43

6. Drop-Off Traffic ................................................................................................................ 47 Bear Mountain ..................................................................................................... 47 Snow Summit ...................................................................................................... 47

7. Summary ...................................................................................................................... 48 List of Figures
NO.
1 Regional Trip Distribution .............................................................................................. 11 2 Study Area .................................................................................................................... 12 3 CMS Plan and Traffic Control Deployment ................................................................... 13 4 Changeable Message Signs ......................................................................................... 14 5A Visitor Circulation: Phase 1 – Sandalwood and Fox Farm Lots .................................... 19 5B Visitor Circulation: Phase 2 – Brownie Lot .................................................................... 20 5C Visitor Circulation: Phase 3 – Moonridge Lot ................................................................ 21 6A Lane Assignments: Summit Boulevard & Big Bear Boulevard ...................................... 22 6B Lane Assignments: Big Bear Boulevard & Moonridge Road ......................................... 23 6C Lane Assignments: Big Bear Boulevard & Fox Farm Road .......................................... 24 6D Lane Assignments: Big Bear Boulevard & Sandalwood Drive ...................................... 25 7 Snow Summit Lot .......................................................................................................... 31 8 Bear Mountain Lot ......................................................................................................... 32 9 Fox Farm Lot ................................................................................................................. 33 10 Sandalwood Lot ............................................................................................................ 34 11 Brownie Lot ................................................................................................................... 35 12 Moonridge Lot ............................................................................................................... 36 13 Shuttle Route: End of Day ............................................................................................. 37 14 Shuttle Route: Phase 1 – Sandalwood and Fox Farm Lots .......................................... 42 15 Shuttle Route: Phase 2 – Brownie Lot .......................................................................... 43 16 Shuttle Route: Phase 3 – Moonridge Lot ...................................................................... 45 Chapter 1
Introduction
This 2022-23 Big Bear Mountain Resorts Traffic Management Plan (TMP) was created to address a mitigation measure required of the Big Bear Mountain Resorts (Resorts), which include Snow Summit and Bear Mountain. This TMP is an update to previous versions which were initially implemented for the 2017-18 winter season. This TMP serves to outline traffic control, parking lot phasing, and shuttle operations for the resort season.

This TMP reflects the addition of a new off-site parking lot, which will re-organize the parking lot loading sequence, clarify the shuttle routes, and reduce congestion on the direct routes to the parking lots at the base of the Resorts. The parking lots at the base of the Resorts will be prepaid lots on busy days during the 2022-23 season, with the off-site lots offering free parking.

This TMP is built upon previous versions of the TMP, with updates to reflect the new lot location and the free/pre-paid parking strategies. The implementation of the TMP is tailored to the expected crowd with the season divided into three activity levels:

Activity Level Days per Season
Non-peak Days 120
Peak Days 25-30
Maximum Days 5
The TMP represents a cooperative effort of the Resorts, Mountain Transit, San Bernardino County Sheriff’s Department, City of Big Bear Lake (City) staff, and consultants.

The goal of the TMP is the continued improvement of the Resorts’ circulation and parking management to minimize the traffic impacts on residents and businesses while still prioritizing safety and the guest experience.
1 Chapter 2
Circulation
The TMP serves to manage the approximately 5,000 guest vehicles that arrive at the resort on peak weekends and holidays.

The Resorts’ location south of Big Bear Lake results in traffic approaching the ski area from the east and west along State Routes (SR) 18 and 38. Specific routes and approaches are focused on SR 330/SR 18 from San Bernardino, SR 18 from the Lucerne Valley, and SR 38 from Redlands.

The busiest approach is SR 330/SR 18 through San Bernardino and through the main corridor of the City. Figure 1 shows the location of the Resorts in relation to the regional roadway system and the general distribution of approach traffic.

Morning arrivals to the Resorts are more concentrated than afternoon departures and, therefore, congestion in the morning as the parking lots load is more severe than during the afternoon. The afternoon departure patterns are also metered by shuttle bus operations from the Resorts to the off-site parking lots.

As described above, the Resorts experience 25-30 busy days per year (Peak Days) with approximately five days per year (Maximum Days) experiencing very heavy traffic flows and parking demands. While these Peak Days and Maximum Days are heavily influenced by weather and snow conditions, they occur generally on weekends from Thanksgiving to March, including the three-day weekend holidays. The period from the middle of December through the New Year holiday typically represents some of the heaviest periods of visitation to both Resorts and Big Bear Valley at large.
2 PARKING LOT DEPLOYMENT
Lot Locations
The greatest influence on the traffic patterns to the Resort is the location of the parking lots and the direction of guests to those lots.

Figure 2 shows the locations of the two base lots and the four primary off-site lots.2 The two base lots will provide pre-paid parking on Peak Days and Maximum Days, while the off-site lots will continue to offer free parking. The off-site lots will be connected to the Resorts via a shuttle system operated by Mountain Transit.

Lot Capacity
The capacity of the lots is as follows:

Location Parking Capacity
Non-Peak Days Peak/Maximum Days
Paid/Base Lots Snow Summit 700 700
Bear Mountain 700 700
Subtotal 1,400 1,400
Free Lots Sandalwood 1,500(1) 1,500(1)
Fox Farm 712 712
Brownie 725 725
Moonridge 0(2) 1,197
Backward Look 0 350
Subtotal 2,937 4,484
TOTAL 4,337 5,884
(1) Sandalwood lot is still under development. Capacity is an estimate. (2) Moonridge lot is available on Non-Peak Days if needed.

2 Figure 2 also shows the location of a secondary off-site parking lot (Backward Look). 3 Lot Loading Sequence
The loading sequence of the parking lots affects the strategies for facilitating traffic approaching the Resorts.

The base lots will be pre-paid lots, which means on Peak Days and Maximum Days these lots would be open to arriving traffic all day long. The intent of this strategy is to require pre-paid reserved parking, which would expedite loading of the lots. All other traffic would be directed to the free off-site lots and only pre-paid parking would be allowed to approach the paid base lots.

The free lots would be loaded in three phases, beginning with the Sandalwood and Fox Farm lots.

Once the Sandalwood and Fox Farm lots are full, the Brownie lot would be opened and loaded in Phase 2. Once the first three free lots are full, the Moonridge lot would be opened and loaded in Phase 3. The Backward Look lot would also be opened and loaded in Phase 3 (if necessary), although unlike the other free lots, it would not be served by the Mountain Transit shuttle bus due to the constrained geometrics of the facility.

TRAFFIC CONTROL
Guide Signs
The backbone of the guest information system will be a series of fixed and changeable message signs (CMS) along Big Bear Boulevard. Figure 3 shows the locations of the fixed signs and CMS and Figure 4 shows the typical messages that will be displayed during each of the three Phases of free lot availability. As the free parking destinations change from the Sandalwood and Fox Farm lots to the Brownie lot and then to the Moonridge lot, the wayfinding signs will update with directions to these lots.

4 Big Bear Boulevard
With the parking lot loading sequence determined, the organization of approaching traffic on Big Bear Boulevard can be developed. Figures 5A through 5C show the traffic plan for connecting Big Bear Boulevard to the various parking lots.

Eastbound Traffic. Traffic approaching from the west and destined for free parking would be directed to use the left lane of Big Bear Boulevard. During the loading of the Sandalwood and Fox Farm lots, the eastbound traffic would be directed to turn left at the signalized intersection of Big Bear Boulevard & Fox Farm Road (Figure 5A). Resorts staff at the intersection of Sandalwood Drive & Fox Farm Road would be able to toggle traffic between the Fox Farm and the Sandalwood lots to efficiently load the traffic from Big Bear Boulevard.

Once the Sandalwood and Fox Farm lots are filled, free parking for vehicles from the west would be directed to turn onto Moonridge Road toward the Brownie lot (Figure 5B).

When the Brownie lot is filled, the eastbound traffic on Big Bear Boulevard traffic would be directed to continue east on Moonridge Road to reach the Moonridge lot (Figure 5C).

The paid base lots for the Resorts would be open and loaded during the morning hours and would coincide with the opening and loading of the free Sandalwood and Fox Farms lots in Phase 1, resulting in nearly full utilization within those paid facilities during the Phase 1 period and a significant reduction in associated vehicular traffic as the demand shifts to the free lots in Phases 2 and 3.

Traffic approaching from the west and destined for paid parking would be directed to use the curb lane to turn onto Summit Boulevard to reach the Snow Summit base lot or onto Moonridge Road to reach the Bear Mountain base lots.
5 Westbound Traffic. Traffic approaching from the east and destined for free parking would be directed to use the curb lane, while traffic destined for paid parking would be directed to use the left lane.

During the loading of the Sandalwood lot, traffic will be directed to turn right at the intersection of Big Bear Boulevard & Sandalwood Drive and head toward the Sandalwood lot entrance at the intersection of Sandalwood Drive & Business Center Drive North (Figure 5A).

Once the Sandalwood lot is filled, westbound traffic will be directed to continue using the right lane Fox Farm Road and then shift to the left lane to turn left at the intersection of Big Bear Boulevard and to Moonridge Road to head toward the Brownie lot (Figure 5B).

Once the Brownie lot is filled, both free and paid parking will continue to be directed to turn left at the intersection of Big Bear Boulevard & Moonridge Road to head toward either the free parking at the Moonridge lot or the paid parking at the Bear Mountain base lots (Figure 5C).

Traffic approaching from the east and destined for paid parking will be directed to use the left lane on Big Bear Boulevard to turn left at Moonridge Road for the Bear Mountain base lot or at Summit Boulevard for the Snow Summit base lot.

Staff Deployment
The implementation of the TMP will require field personnel to direct traffic and parking flow. Field personnel will fall into three categories: Traffic Control Personnel, Parking Fee Collection Staff, and Parking Directors.

Figure 3 shows the deployment of the Traffic Control Personnel, focusing on each of the lots as they fill. These staff members would be responsible for communicating with the Traffic Control Supervisor to determine when to change the CMS messages along Big Bear Boulevard.

Traffic Control Personnel would have specific assignments based on location:
6  Sandalwood Drive & Fox Farm Road – The staff member would be responsible for communicating with the parking staff at both the Sandalwood and Fox Farm lots to be able to toggle approaching traffic between the two lots. This will be an important position to prevent the backup of arriving traffic from spilling onto Big Bear Boulevard. Traffic Control Personnel at the vehicular entrances to the two free lots would be responsible for directing vehicles into the lots at the appropriate driveways, and for assuring priority treatment for shuttle buses.
 Summit Boulevard & Brownie Lane – This position would attempt to prevent traffic seeking free parking from passing the intersection of Summit Boulevard & Brownie Lane. The vehicles that are stopped here would be sent eastbound on Brownie Lane back to Big Bear Boulevard.
 Rathburn Drive & Elm Street – This is adjacent to the new roundabout, and this staff member would manage the traffic seeking free parking at the Moonridge lot. The guide sign facing eastbound traffic approaching the westerly roundabout will separate the Moonridge lot free parking from the traffic destined for the paid parking along Club View Drive to Bear Mountain. The Traffic Control Personnel at the Rathburn Drive & Elm Street intersection will direct traffic easterly on Rathburn Drive to the parking lot entrance. There may be the need for a second Traffic Control Personnel at the east end of this lot if substantial traffic approaches from the east on Rathburn Drive.

Because there will be no San Bernardino County Sheriff’s Department personnel on the street directing traffic this year, the Traffic Control Personnel would be Resorts staff or certified contract traffic control staff. Resorts staff would require training and certification to direct traffic on public streets.

Parking Fee Collection staff would be needed at the base lots to check for pre-paid passes.

Parking Directors would assist traffic transition from the street to the parking spaces within the parking lots. Directed parking has been employed in the Resorts lots for years to speed the parking process and reduce the backups onto the public streets. Directed parking also increases the effective parking supply by assuring that cars are efficiently parked within the lots. 7 Parking Directors will move from lot to lot as the lots fill. The morning peak inbound flow will require Parking Director crews at both the Fox Farm and Sandalwood lots. As the Fox Farm lot fills, the Parking Director crew would move to the Brownie lot to prepare to accept inbound flow if the Sandalwood lot also fills. The crews could then move to the Moonridge lot if it appeared that the Moonridge lot would be used that day.

KEY INTERSECTION OPERATIONS
Figures 6A through 6D depict the traffic flow by user-group through key intersections in the TMP area during the peak morning arrival period. The operational description of each intersection is provided below:
 Summit Boulevard & Big Bear Boulevard (Figure 6A) – At this intersection, traffic destined for free parking at Fox Farm or Sandalwood should be in the left eastbound lane and proceed straight through the intersection. All traffic destined for paid parking should be in the right eastbound lane, where those headed to Snow Summit should turn right and those headed to Bear Mountain should proceed straight. The only Resorts-associated westbound traffic at this intersection should be headed to paid parking at Snow Summit and should turn left at this intersection. Resort traffic will be directed not to turn onto northbound Summit Boulevard.
 Moonridge Road/Garstin Drive & Big Bear Boulevard (Figure 6B) – At this intersection, traffic destined for paid parking at Bear Mountain coming from west should be in the right eastbound lane and turn right at the intersection. Traffic coming from the east should be in the left-turn lane and turn left at the intersection. All traffic destined for paid parking at Snow Summit should be in the right westbound lane and proceed straight through the intersection. The only traffic associated with free parking destinations should be coming from the west and in the left eastbound lane and proceed straight through the intersection.

Resort traffic will be directed to turn onto northbound Garstin Drive.  Fox Farm Road & Big Bear Boulevard (Figure 6C) – At this intersection, traffic destined for paid parking should only be headed southbound and traffic headed to free parking should only be headed northbound. Paid parking traffic should be organized by 8 destination, with Snow Summit traffic in the southbound curb lane and Bear Mountain traffic in the southbound center lane. Paid parking traffic should proceed southbound straight through the intersection. Drivers destined for free parking should turn left in the northbound direction at this intersection.
 Sandalwood Drive & Big Bear Boulevard (Figure 6D) – At this intersection, the only Resorts traffic should be approaching from the north, with all free parking traffic turning right southbound and all paid parking traffic headed southbound straight through the intersection.
2022-23 CIRCULATION CHANGES
The TMP continues to emphasize the SR 38 approach through Redlands as an alternate approach to the Resorts area. This route is typically less congested and vehicle navigation systems should become more effective at directing guests to SR 38 as the locations of the free parking lots are added to their systems.

This TMP organizes approaching guest traffic on Big Bear Boulevard differently than in the past.

With the new free Sandalwood lot joining with the existing Fox Farm lot, the initial approach of morning traffic can be directed to two intersections along Big Bear Boulevard (at Sandalwood Drive and at Fox Farm Road) to turn toward the two free lots. The mountain base parking lots will be pre-paid parking and inbound traffic flow to these lots can also be focused on two Big Bear Boulevard intersections (at Summit Boulevard and at Moonridge Road).

The TMP organizes approaching traffic on Big Bear Boulevard to separate free parking and prepaid parking before guests leave the Big Bear Boulevard corridor. It is anticipated that this organization will reduce the congestion along Big Bear Boulevard. Should congestion remain along Big Bear Boulevard, the TMP anticipates providing information via CMS at the intersection of Big Bear Boulevard & North Shore Drive advising eastbound traffic that free parking is available via the North Shore Drive route. Once the congestion along Big Bear Boulevard subsides or if the Sandalwood and Fox Farm free parking lots are filled, the messaging for the alternate North Shore Drive route would end.
9 The 2022-23 season will also see a change in the deployment of Sheriff’s Department personnel in the field. This year, the Sheriff’s Department will no longer be controlling traffic along Big Bear Boulevard but, rather, will be on site to enforce traffic laws and respond to incidents, which the Sheriff’s Department believes would be a better use of its forces that would increase their effectiveness.
10 11
12 13
14 15
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18 19
20 21
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24 25
Chapter 3
Parking Lot Operations
This chapter describes the general layout and operations of the individual lots serving the Resorts.

The layout of the lots and the actual parking operation within the lots will be heavily influenced by factors such as snow accumulation and actual parking demand. The conceptual parking lot sketches described in this chapter are illustrative of potential lot operational plans. The Resorts will maintain control on their properties.

INDIVIDUAL LOTS
Snow Summit Base Lot
The Snow Summit base lot is oriented with east-west parking aisles. Primary access is provided to/from the north on Summit Boulevard, with overflow egress to Thrush Drive on the west, as shown in Figure 7.

It is recommended that the fee collection/verification area be located in the northeast corner of the lot, with multiple inbound lanes.

The shuttle bus and vehicle pick-up/drop-off area is located off Summit Boulevard, with shuttle buses and vehicles using the Forest Trail loop in the southeast corner of the lot.

Bear Mountain Base Lot
The Bear Mountain base lot has parking areas north and south of Goldmine Drive. South of Goldmine Drive, the parking aisles run in the north-south direction, while the north section of the lot has both north-south and east-west aisle orientation. 26 Figure 8 shows the parking fee collection areas for both the north and south lot sections.

Primary vehicle access to the south lot would be through the fee collection area off Moonridge Road, with egress onto Goldmine Drive. The north lot would be entered off Goldmine Drive and exited onto Club View Drive.

Shuttle bus pick-up/drop-off would be located in the southwest portion of the lower lot, where shuttle bus customers could be served with minimal conflicts with parking vehicles.

Fox Farm Lot
Figure 9 shows the operational plan for the Fox Farm lot that has been in use for years. The aisle orientation is in the east-west direction and the primary access to the lot is off Fox Farm Road in the northeast corner of the lot. Egress from the lot is back onto Fox Farm Road back toward the traffic signal at Big Bear Boulevard.

Shuttle service to the Fox Farm lot uses the two driveways along Garstin Drive.

Sandalwood Lot
The Sandalwood lot is a new lot this year and is the key to the changes in the TMP. The location and the size of the Sandalwood lot, in combination with the Fox Farm lot, allows free parking to fill on the north side of Big Bear Boulevard simultaneously with the paid base lots south of Big Bear Boulevard. This separation of free and paid parking will reduce the crossing of traffic flows along Big Bear Boulevard.

While the Sandalwood lot is still under grading and development in preparation for the opening of the season, the layout of the lot will likely have parking aisles running in the north-south direction.

As shown in Figure 10, the Sandalwood lot would be served by two driveways along the west side of the lot. A driveway would be located opposite both the north and south intersections of Sandalwood Drive & Business Center Drive.
27 It is recommended that the shuttle bus area be provided inside the lot along the western boundary.

Shuttles would enter the lot northbound through the driveway opposite Business Center Drive South and leave the lot through the Business Center Drive North driveway, sharing this driveway with the traffic entering and leaving the lot.

Traffic approaching the Resorts from the east would be directed off Big Bear Boulevard onto Sandalwood Drive and enter the lot through the driveway opposite Business Center Drive North.

This driveway would be shared with exiting shuttle buses, so parking staff might be needed to assist the shuttles to efficiently leave the site.

Traffic approaching the Resorts from the west would turn left from Big Bear Boulevard onto Fox Farm Road and then be directed northbound onto Sandalwood Drive by the Traffic Control Personnel at that intersection. The northbound approaching traffic would use the southerly Sandalwood Drive driveway to enter and exit the lot.

Traffic leaving the Sandalwood lot would be directed to the south on Sandalwood Drive toward Fox Farm Road to utilize the traffic signal at Big Bear Boulevard & Fox Farm Road.

The operation of this new lot will be carefully monitored this year. Observations may lead to recommendations for additional improvements to the lot in the future.

Brownie Lot
The Brownie lot has been operated by the Resorts for years. It provides parking aisles oriented in the east-west direction. The intent this year is to open this lot only after the Sandalwood and Fox Farm lots are full.

The lot has driveways along Brownie Lane on the south side of the lot, as shown in Figure 11.

Traffic will approach from the east, turn right into the lot, and be guided to parking within the lot by the Parking Directors.

The shuttle area in the Brownie lot is located in the southwest corner of the lot and is anticipated to remain in that location this year.
28 Moonridge Lot
The Moonridge lot will be the next free parking lot to open on a busy day after the Brownie lot reaches capacity. Thus, this lot will be used fewer days per year than the remainder of the off-site lots. This priority has been established because this lot is served by the new roundabouts along Moonridge Road, and it was determined appropriate to allow residents and Resorts guests to familiarize themselves with the operation of the roundabouts before putting too much pressure on the corridor. Additionally, the roundabouts have likely reduced the capacity of Moonridge Road, which may complicate lot operations during peak parking periods.

Figure 12 shows the potential orientation of the parking lot. Current layout of the Moonridge lot provides access along Rathburn Drive. There are currently no curbs or gutters along Rathburn Drive, so access to the lot can be gained anywhere.

Traffic approaching the lot along southeastbound Moonridge Road would have to drive through the westerly Moonridge roundabout to enter the Moonridge lot via Rathburn Drive. Traffic Control Personnel would be deployed at the intersection of Elm Street & Rathburn Drive to direct traffic bound for the parking lot onto Rathburn Drive and then into the lot itself.

Traffic approaching from westbound Moonridge or from northbound Club View Drive would traverse the easterly Moonridge roundabout and use Rathburn Drive to reach the Moonridge lot.

Again, Traffic Control Personnel would be needed to direct traffic into the lot from the east.

The shuttle operations to/from this lot are complicated by the requirements to maneuver through the roundabouts. Because of these geometrics, it would be better to use Fir Street as the primary shuttle access route to the Moonridge lot. The area around the Big Bear Fire Department Moonridge Station could be used to serve as a shuttle bus route and pick-up/drop-off area. Figure 12 shows a potential shuttle routing counterclockwise around the fire station that minimizes bus travel through the roundabouts. Mountain Transit, Resorts staff, and City staff continue to review the shuttle routes.

The infrequent use of the Moonridge lot this year should be carefully evaluated because this lot will become more frequently utilized in the future. A direct driveway to the lot from Elm Street 29 should be considered, and access from the easterly side of Rathburn Drive needs to be developed.

Backward Look Lot
The last free parking lot to be used would be the Backward Look lot. It would take its access off Moonridge Road at the existing driveway west of Evergreen Drive. This lot would not be serviced by Mountain Transit because of the limited turnaround area within the lot. As such, if this lot is utilized, shuttle service would be provided by Resorts-operated vehicles.

End of Day Routes
At the end of the day, the focus of the shuttle system is to return guests from the Resorts to the off-site parking lots. Figure 13 shows the routes that will be used to make those trips. It is during this time of day that the alternate routes may be used more often so that the shuttle buses can avoid the heavy outbound flows from the free and paid base lots located south of Big Bear Boulevard.

30 SNOW SUMMIT LOT FIGURE 7 N Not to Scale LEGENDShuttle Route Auto Entry Route Thrush Dr
Summit Blvd
31 BEAR MOUNTAIN LOT FIGURE 8 N Not to Scale LEGENDShuttle Route Auto Entry Route Club View Dr
Moonridge Rd
Goldmine Dr
32 FOX FARM LOT FIGURE 9 N Not to Scale LEGENDShuttle Route Auto Entry Route Fox Farm Rd
Garstin Dr
33 FIGURE 10
N Not to Scale SANDALWOOD LOT
Sandalwood Dr
Business Center Dr
Big Bear Blvd
Fox Farm Rd LEGENDShuttle Route Auto Entry Route
34 BROWNIE LOT FIGURE 11 N Not to Scale LEGENDShuttle Route Auto Entry Route Big Bear Blvd China Garden Rd Moonridge Rd Brownie Ln 35 MOONRIDGE LOT FIGURE 12 N Not to Scale LEGENDShuttle Route Auto Entry Route Future Entry Route Alternate Shuttle Route Moonridge Rd Rathbun Dr
Elm St
Club View Dr
Moonridge Rd Potential Shuttle Loading Area
36 37
Chapter 4
Shuttle Bus
The free parking lots will be connected to the Resorts by a series of shuttle routes operated by Mountain Transit. These shuttle routes will largely determine the success of the off-site parking program and the ultimate quality of the guest experience.

SHUTTLE OPERATING STRATEGY
Capacity
Mountain Transit has secured access to 12 full-size buses to move guests during the 2022-23 season. This increase in capacity will move more people and give Mountain Transit the ability to handle the morning peaks and the flexibility to handle multiple routes to the off-site lots in the afternoon time periods.

Primary Route Considerations
Garstin Drive and Summit Boulevard north of Big Bear Boulevard will both be free of guest vehicles headed to/from the off-site parking lots. By focusing auto arrivals to the Fox Farm and Sandalwood lots onto Fox Farm Road and onto Sandalwood Drive north and west of Big Bear Boulevard, Garstin Drive and Summit Boulevard can be prioritized for the parking shuttles and for emergency vehicles to Bear Valley Community Hospital.

South and east of Big Bear Boulevard, Summit Boulevard and Moonridge Road west of Club View Drive will mix shuttle traffic with automobile traffic headed for the paid base lots. However, with most of the free parking loading in the early morning north and west of Big Bear Boulevard, this mixed operation should be manageable.
38 A priority center lane, or an offset centerline, operation along Summit Boulevard and along Moonridge Road from Big Bear Boulevard to the base lots was considered but delayed because of the personnel requirements involved in deploying the cones and signs to implement the reserved lane. Early field observations of the operation will indicate whether these priority lanes are needed and they may be revisited in the future.

Each of these routes to the base lots may be candidates for bypass shuttle lanes between Big Bear Boulevard and Brownie Lane to channel the shuttles past the first key block along these two corridors. Again, field observations will determine the need for these strategies.

Alternate Routes
Alternate routes have been identified for use, as needed, to ensure on-going and efficient operation of the shuttles, even during congested periods.  Alternate to Summit Boulevard. Shuttles facing congestion along Summit Boulevard south of Big Bear Boulevard could use Brownie Lane to Crestwood Drive to Switzerland Drive to the base lot (or vice versa) to avoid congestion on Summit Boulevard.  Alternate to Moonridge Road. Congestion along the northwestern portion of Moonridge Road could be avoided by having the shuttles use Catalina Road to Elm Street or Sonoma Drive to Moonridge Road and then onto Club View Drive to reach the base lots. This alternate route travels through the Moonridge Road roundabouts, but it avoids the southeastern portion of Moonridge Road that presents some constrained maneuverability for the shuttles.
 Alternate to Brownie Lane. During some portions of the day, shuttles may have to use Brownie Lane between Summit Boulevard and Moonridge Road to move guests from the Moonridge lot or to move guests to/from the Resorts. If Brownie is experiencing congestion, Evergreen Drive would be an alternate route to avoid that congestion. 39  Alternate to Fox Farm Road. If Garstin Drive became congested in the afternoon, shuttles returning to the Sandalwood and Fox Farm lots could use Moonridge Way to Big Bear Boulevard and then turn left at Fox Farm Road to reach the parking lots.

SHUTTLE ROUTES BY LOT
Sandalwood and Fox Farm Lots
Figure 14 shows the primary routes for the Resorts and the Sandalwood and Fox Farm lots. The route to/from Snow Summit uses Summit Boulevard to Garstin Drive, with the shuttles entering/leaving at the southwest corner of the Fox Farm lot. Shuttles travelling to the Sandalwood lot will travel past the Fox Farm lot, turn right onto Fox Farm Road and then left onto Sandalwood Drive to enter the Sandalwood bus area at Business Center Drive South. Leaving the Sandalwood lot at Business Center Drive North, shuttles would travel back to Garstin Drive to reach the Summit Boulevard corridor. Along portions of Fox Farm Road and Sandalwood Drive, the shuttles would be mixing with the inbound or outbound traffic to/from the parking lots, so the shuttles may need assistance from the Traffic Control Personnel along these portions of the route.

The travel path from these lots to/from the Resorts would use the same streets in the immediate vicinity of the lots but would continue on Garstin Drive to cross Big Bear Boulevard onto Moonridge Road. If Moonridge Road were congested in either direction, the Catalina Road alternate route could be used.

Brownie Lot
The second off-site parking area to be utilized would be the Brownie lot. The shuttles would focus on the Summit Boulevard and the Moonridge Road routes between the Brownie lot and the Resorts, as shown in Figure 15.

By the time of day when the Brownie lot is put into service, the bulk of the paid parking to the Resorts should already be in the base lots, so these two primary route connections should be available for shuttles.
40 Should the intersections of Summit Boulevard & Brownie Lane or Moonridge Road & Brownie Lane be experiencing congestion, the alternate routes of Crestwood Drive and Evergreen Drive would deliver shuttles to the southwest corner of the Brownie lot for guest loading/unloading.

Moonridge Lot
The last shuttle-serviced off-site lot to fill would be the Moonridge lot. As shown in Figure 16, the shuttles could circle the Moonridge Station of the Big Bear Fire Department as the pick-up/dropoff point. Access to the fire station for the shuttles would be via Fir Street to minimize travel through the roundabouts.

The Moonridge lot would not open until after the Brownie lot filled, so the route along Brownie Lane between the Moonridge lot and Snow Summit base should be available to shuttles. If not, Evergreen Drive would be available.

Staff from Mountain Transit, the Resorts, and the City are continuing to evaluate the shuttle movements and routes associated with the Moonridge lot.

FLEXIBILITY
Given the importance of the shuttle system to the overall success of the off-site parking program, the shuttles must have the flexibility to react to changing field conditions. Weather, traffic congestion, emergency vehicles, traffic accidents, etc., could all affect shuttle flow. Thus, the Alternate Routes discussed above may be needed from time to time. That said, many of these routes serve residential neighborhoods and should be used sparingly. 41 42
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Chapter 5
Residential Protection
As with previous versions, the TMP has provisions, actions, and strategies to protect local streets.

This is not always an easy task, as noted in the 2021/22 TMP:
“The Resort encourages traffic to stay out of residential areas and on the main roads, but many long time Resort guests, residents, and employees know the back routes.” The TMP will continue to discourage Resorts traffic from using local residential streets through the use of field personnel and wayfinding signage, including the existing large orange/black signs stating: “ROAD CLOSED TO THROUGH TRAFFIC – RESIDENTS ONLY” on local streets.

Additional signs indicating “NO RESORT ACCESS” are deployed at key locations throughout the City.

Checkpoints are already set up to discourage/prohibit Resorts guests and employees from using residential streets as short-cuts to/from Resorts parking. The barricades are set up on residential side streets along Summit Boulevard and along Moonridge Road.

Field personnel distinguish local traffic from Resorts traffic primarily through the observation of ski racks, ski clothing, ski equipment, etc. These vehicles are not allowed onto the closed portion of the local streets but instead are asked to stay on the main roadways. Local drivers identify themselves as residents and then are allowed through the sign/cone barricades.

It is believed that the redeployment of the free off-site parking lots, beginning with the Sandalwood and Fox Farm lots, will greatly assist in reducing the use of the residential streets. The initial surge of guest traffic will be directed north and west of Big Bear Boulevard. The only traffic travelling south of Big Bear Boulevard during the morning rush will be Resorts guests who have already pre-paid for parking in the base lots. The organization of the free and paid parking along Big Bear 45 Boulevard should reduce the number of unfamiliar guests wandering through the neighborhoods south of Big Bear Boulevard.
46 Chapter 6
Drop-Off Traffic
When the paid base lots fill, or when guests do not want to pay for parking, there is often the demand to drop off passengers at the base of the Resorts while the driver returns to look for parking. Each base lot has a specific area for dropping off passengers.

BEAR MOUNTAIN
The drop-off area at Bear Mountain is reached by using Moonridge Road. At the easterly roundabout, a sign will be placed advising approaching patrons that paid parking is available by using Moonridge Road.

The passenger drop-off area will be accessed by traveling farther around the roundabout to Moonridge Road. Drop-off traffic would turn from Moonridge Road to Goldmine Drive and enter the south lot at the westerly driveway on Goldmine Drive. A lane will be coned off to allow dropoff activities. This area will be signed for 10-minute parking.

Vehicles would exit onto Club View Drive back to a free parking lot.

SNOW SUMMIT
Drop-off traffic would approach Snow Summit on southbound Summit Boulevard and utilize the drop-off area provided in the southeast corner of the main base lot. Traffic would enter through the southerly portion of the parking lot and travel counterclockwise using the two southern parking aisles. This area would also be signed for 10-minute parking. This area would be shared with the Mountain Transit shuttles so it is important to keep these parking aisles clear. 47 Chapter 7
Summary
The TMP includes a number of new elements brought about by the opening of a major new offsite parking lot along Sandalwood Drive. This new facility, in tandem with the existing Fox Farms lot, will offer abundant free parking north and west of Big Bear Boulevard, opposite the paid parking operations on the south and east sides. These two lots will offer the first free parking opportunities in the morning of busy days, allowing the free parking to fill north and east of Big Bear Boulevard, while the paid parking is filling south and east of Big Bear Boulevard.

Traffic destined for the free parking lots will not have to cross the stream of traffic headed for the paid lots. This reorganization of parking and the physical separation of the free and paid parking lots should have a dramatic effect on reducing congestion during the morning arrival hours.

Because many elements of the TMP are new plan components, the operation of the TMP will be observed and closely monitored during the early portions of the season.

The number of lift tickets sold, weather conditions, road conditions, and many other factors combine to present unique conditions virtually every week. As conditions change, the TMP must be flexible enough to react to those changing conditions.

It should be expected that many of the details of this new TMP will change over the course of the season as guests and staff alike become more educated on the system. The TMP will be modified and improved to upgrade the guest experience.
48 MEETING
DATE: November 7, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sue O’Strander, AICP, Director of Community Development Janice Etter, AICP, Sr. Principal Planner
SUBJECT: Urgency Ordinance Amending Section 17.25.210 of the Development Code Relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); Finding the Ordinance Exempt from the California Environmental Quality Act

BACKGROUND
The proposed Urgency Ordinance will amend Chapter 17.25 “Residential Zones” of the City of Big Bear Lake Development Code pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). As the State continues to change legislation and impose limits on local authority, these changes are necessary to bring the City’s regulations into compliance with the provisions of Government Code Sections 65852.2 and 65852.22, as amended by Senate Bill 897 (SB 897). SB 897 was signed into law on September 28, 2022, and will take effect on January 1, 2023.

DISCUSSION
The amendments contained in SB 897 require changes to the existing ADU and JADU regulations found in Development Code Section 17.25.210. Among other things, the amendments require that:
• certain ADUs are allowed to be taller — up to 18 or 25 feet, depending the situation, • the front setback requirement must yield for certain ADUs • ADUs with more than two bedrooms are allowed
• the City must justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them, and • the automatic repeal in 2025 be removed (now the ADU statute is permanent).

If the City’s ADU ordinance is not in full compliance with requirements of SB 897 on January 1, the City’s entire existing ADU ordinance becomes null and void as a matter of law, and the City will have to allow ADUs with no local regulation except for the few requirements in the state ADU law itself.

The proposed urgency ordinance is in compliance with recently amended provisions of Government Code Sections 65852.2 and 65852.22. A “redline” version of the new and existing code language is provided for comparison.

The code amendment is proposed for adoption by urgency ordinance, in accordance with Government Code Section 36937, subdivision (b), and will be followed by a non-urgency ordinance in a timely manner. The non-urgency ordinance is reviewed at a public hearing by the Planning Commission before returning to the City Council for another public hearing and ultimate adoption.

FISCAL IMPACT
There are no fiscal impacts associated with the adoption of this proposed urgency ordinance.

ENVIRONMENTAL CONSIDERATIONS
Under California Public Resources Code Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

In addition to being statutorily exempt from CEQA, the proposed improvements under this ordinance are categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption pertains to the conversion of existing structures into, and the new construction of, ADUs and JADUs, which are, by definition, structures that are accessory to a primary dwelling on the lot. A Notice of Exemption has been prepared and is attached.

RECOMMENDATION
It is recommended that the City Council adopt an Urgency Ordinance Amending Section 17.25.210 of the Development Code Relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); Finding the Ordinance Exempt from the California Environmental Quality Act.

ATTACHMENTS

1. Redline Ordinance Changes

2. Urgency Ordinance and revisions to Development Code Section 17.25.210.

3. CEQA Notice of Exemption
ATTACHMENT 1
AMENDMENTS TO DEVELOPMENT CODE SECTION 17.25.210

ACCESSORY DWELLING UNITS
Redline Version
Section 17.25.210 is hereby amended to read in its entirety as follows:

17.25.210 ACCESSORY DWELLING UNITS
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.
(b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot or property on which the ADU or JADU is located. (2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(7) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
(c) Definitions. As used in this section, the following terms are defined as follows:
(1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling unit.

For the purpose of this ordinance, primary dwelling, primary dwelling unit, and primary residence mean the same thing and may be used interchangeably. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
(B) A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(4) “Efficiency kitchen” means a kitchen that includes each of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter or counters that are of a reasonable size in relation to the size of the JADU. that total at least 15 square feet in area. (C) Food storage cabinets that total at least 30 square feet of shelf space. (5) “Junior accessory dwelling unit” or “JADU” means a residential unit that (A) Is no more than 500 square feet in size,.
(B) Is contained entirely within an existing or proposed single-family structure.

An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. (C) Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and (D) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(E) Includes an efficiency kitchen, as defined in subsection (a)(4) above (6) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but not including a garage or any accessory structure. (7) “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(9) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(10) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(11) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (d) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
(A) Converted on Single-family Lot: Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and, (ii) Has exterior access that is independent of that for the single-family dwelling; and.
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code Section 65852.22.
(B) Limited Detached on Single-family Lot: One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(A) above), if the detached ADU satisfies the following limitations:
(i) The side- and rear-yard setbacks are at least four-feet. (ii) The total floor area is 800 square feet or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (e)(2) below. is 16 feet or less.
(C) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for a dwelling. Under this subsection (d)(1)(C), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. (D) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:
(i) The side- and rear-yard setbacks are at least four-feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modifications to the multifamily dwelling as a condition of approving the ADU.
(ii) The peak height above grade does not exceed the applicable height limit provided in subsection (e)(2) below. is 16 feet or less. (2) ADU Permit.
(A) Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) below.
(B) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU-permit processing fee is determined by the Director of Community Development Planning Department and approved by the City Council by resolution.
(3) Process and Timing.
(A) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(B) The City must approve or deny act on an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
(C) If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection (d)(3)(B) above. (D) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
(e) General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above:
(1) Zoning.
(A) An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone. (B) An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. (2) Height.
(A) Except as otherwise provided by subsections (e)(2)(B) and (e)(2)(C) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. (B) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(C) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(D) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(D) may not exceed two stories.
(E) For the purposes of this subsection (e)(2), height is measured above existing legal grade to the peak of the structure.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(B) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

An ADU or JADU may be rented for a term of 30 days or longer. Neither the primary dwelling unit nor any ADU or JADU may be rented for a term that is shorter than 30 days or operated under the City’s Transient Private Home Rental Program.
(5) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(6) Septic System. If the ADU or JADU will connect to an onsite water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(7) Owner Occupancy.
(A) An ADU that is was permitted after before January 1, 2020, but before January 1, 2025, is not subject to any the owner-occupancy requirements. that were in place when the ADU was created.
(B) Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement.

A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.
(C) As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owneroccupancy requirement in this subsection (e)(7)(C) does not apply if the property is entirely owned by another government agency, land trust, or housing organization. All ADUs that are permitted on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must occupy the property. “Occupy” here means the right to use the unit exclusively at will as the owner’s permanent or seasonal (second home) residence.
(D) All JADUs are subject to an owner-occupancy requirement. The primary dwelling unit or the JADU on the property must be occupied by an owner of the property. A natural person with legal or equitable title to the property must occupy the property. “Occupy” here means the right to use the unit exclusively at will as the owner’s permanent or seasonal (second home) residence. However, the owner-occupancy requirement of this subsection (e)(7)(D) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. (8) Deed Restriction. Prior to issuance of a building permit final inspection and release of occupancy of building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director.Planning Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(A) Except as otherwise provided in Government Code Section 65852.26, tThe ADU or JADU may not be sold separately from the primary dwelling. (B) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced against future property owners.
(D) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director to the Director of the Planning Department, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(E) The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
(9) Income Reporting. Reporting of Annual Rent. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:
(A) With the building permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(B) Within 90 days after each yearly anniversary of the issuance of the building permit, By January 31 of each calendar year, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.
(10) Building & Safety.
(A) Must comply with building code. Subject to subsection (e)(10)(B) below, all ADUs and JADUs must comply with all local building code requirements.
(B) No change in occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (e)(10)(B) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(f) Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this subsection (f) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. No more than two bedrooms are allowed.
(B) In addition to being subject to subsection (f)(1)(A) above, Aan attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. (C) Application of other development standards in this subsection (f), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (f)(1)(B) above or of an FAR, front setback, lot coverage, or open-space requirement may require the ADU to be less than 800 square feet.
(2) Floor Area Ratio (FAR). No ADU subject to this subsection (f) may cause the total FAR of the lot to exceed 45 percent, subject to subsection (F)(1)(C) above. (3) Setbacks.
(A) An ADU that is subject to this subsection (f) must conform to a 25-foot 15-foot front-yard setback, subject to subsection (f)(1)(C) above. (B) An ADU that is subject to this subsection (f) must conform to 4-foot sideand rear-yard setbacks. (C) No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(4) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(C) above. (A) No ADU subject to this subsection (f) that is located in the R-L zone may cause the total lot coverage of the lot to exceed 30 percent, subject to subsection (f)(1)(C) above.
(B) No ADU subject to this subsection (f) that is located in the R-1 zone may cause the total lot coverage of the lot to exceed 40 percent, subject to subsection (f)(1)(C) above.
(C) No ADU subject to this subsection (f) that is located in the R-3 zone may cause the total lot coverage of the lot to exceed 60 percent, subject to subsection (f)(1)(C) above.
(5) Minimum Open Space. No ADU subject to subsection (f) may cause the total percentage of open space of the lot to fall below 50 percent, subject to Subsection (f)(1)(C) above.
(6) Passageway. No passageway, as defined in subsection (c)(8) above, is required for an ADU.
(7) Parking.
(A) Generally. Parking Requirements. No on-site parking shall be required for a JADU. One off-street on-site parking space is shall be required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(11) above. (B) Exceptions. No on-site parking space for an ADU shall be required under subsection (f)(7)(A) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(10) above.
(ii) The ADU is located within an architecturally and historically significant historic district established by the City.
(iii) The ADU is part of the a “Converted on a Single-family lot ADU” specifically within a proposed or existing primary residence or an accessory structure under subsection (d)(1)(A) above.
(iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
(vi) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(7)B)(i) through (v) above. (C) No Replacement. Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those on-site parking spaces are not required to be replaced.
(8) Architectural and Design Requirements.
(A) Design. The materials, textures, and colors of the exterior walls, roof, and windows and doors of the ADU must match the appearance and architectural design of those of the primary dwelling.
(B) Roof. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(i) The ADU must have a minimum roof pitch of 2:12.
(ii) All eave and gable overhangs must be at least 12 inches. (C) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(D) Building Entrance. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(E) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. (F) Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent direct line of sight. (9) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels, as follows:
(A) At least one 15-gallong size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
(B) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. (C) All landscaping must be drought-tolerant.
(D) All landscaping must be from the City’s approved plant list. (10) Historic Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(g) Fees.
(1) Impact Fees.
(A) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (g)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code §66000(b)) and a fee under the Quimby Act (Gov. Code §66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. (B) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(B) Except as described in subsection (g)(2)(A) above, converted ADUs and JADUs on a single-family lot that are created under subsection (d)(1)(A) above are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required.
(C) Except as described in subsection (g)(2)(A) above, all ADUs and JADUs that are not covered by subsection (g)(2)(B) require a new, separate utility connection directly between the ADU or JADU and the utility. (i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture-units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
(h) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violations, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs constructed before 2018.
(A) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(i) The ADU violates applicable building standards, or
(ii) The ADU does not comply with state ADU law (Government Code section 65852.2) or this ADU ordinance (Development Code Section 17.25.210).
(B) Exceptions:
(i) Notwithstanding subsection (h)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety or the public or of the occupants of the structure.
(ii) Subsection (h)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
(i) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (a) through (g)(2) of this section may be allowed by the City with a Conditional Use Permit, in accordance with the other provisions of this title.

End of Section 17.25.210
ATTACHMENT 2
URGENCY ORDINANCE NO. 2022-xxx
URGENCY ORDINANCE AMENDING SECTION 17.25.210 OF THE

DEVELOPMENT CODE RELATING TO ACCESSORY DWELLING UNITS
(ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs);

FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Big Bear Lake, California (the “City”) is a municipal corporation and charter City, duly organized under the constitution and laws of the State of California; and WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature approved, and the Governor signed into law a number of bills amending Government Code Sections 65852.2 and 65852.22 imposing limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in June 2019, the City Council adopted the first ADU ordinance, Ordinance 2019- 471. In January 2020, revisions to the ADU regulations were adopted by Ordinance 2020-478, providing for the development of ADUs and JADUs in accordance with state law. These provisions are contained in Development Code Section 17.25.210; and WHEREAS, in September 2022, the California Legislature approved, and the Governor signed into law, a new bill, Senate Bill 897 (SB 897) that further amends Government Code Sections 65852.2 and 65852.22; and
WHEREAS, SB 897 takes effect January 1, 2023, and if the City’s ADU ordinance does not comply with the requirements imposed by SB 897 on that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law; and WHEREAS, the City desires to amend the Development Code regulations pertaining to ADUs and JADUs to comply with the amended provisions of Government Code Sections 65852.2 and 65852.22; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 897 because if the City’s ordinance does not comply with the amended laws as of January 1, 2023, and the City’s ADU ordinance becomes null and void, the City would thereafter be limited to applying the few default standards that are provided in Government Code Sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code Section 36937, Subdivision (b); and
WHEREAS, at a regularly scheduled meeting of the City Council held on November 7, 2022, the City Council of the City of Big Bear Lake considered an urgency ordinance making revisions to the above-referenced section of Development Code. The public meeting was held in Hofert Hall of the Civic and Performing Arts Center, 39707 Big Bear Boulevard, Big Bear Lake, CA, 92315; and
WHEREAS, all legal prerequisites to the adoption of this urgency ordinance have occurred.

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

Section 1.The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2.Under California Public Resources Code Section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city to implement the provisions of Section 65852.2 and 65852.22 of the Government Code pertaining to ADUs and JADUs. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law. In addition to being statutorily exempt from CEQA, the proposed improvements under this ordinance are categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption pertains to the conversion of existing structures into, and the new construction of, ADUs and JADUs, which are, by definition, structures that are accessory to a primary dwelling on the lot.

Section 3.Based on the findings and conclusions set forth in Sections 1 and 2, above, the City Council hereby adopts this Urgency Ordinance amending Development Code Section 17.25.210 as provided in Ordinance Exhibit 1, attached hereto and incorporated herein by reference.

Section 4.This urgency ordinance takes effect immediately upon its adoption.

Section 5.The City Clerk 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, within 15 days after its adoption.

Section 6. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

Section 7. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that they would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

The City Clerk shall certify to the adoption of this ordinance.

PASSED, APPROVED AND ADOPTED this 7th day of November, 2022. ___________________________
Rick Herrick, Mayor
ATTEST:
________________________________
Erica Stephenson, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

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 Urgency Ordinance No. 2022-xxx is a full, true and correct original of Urgency Ordinance No. 2022-xxx of the City of Big Bear Lake, entitled:

URGENCY ORDINANCE AMENDING SECTION 17.25.210 OF THE DEVELOPMENT CODE RELATING TO ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs); FINDING THE ORDINANCE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
was duly passed and adopted by the said City Council by a four-fifths vote, 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 7th day of November 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 Urgency 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
EXHIBIT 1
AMENDMENTS TO DEVELOPMENT CODE SECTION 17.25.210

ACCESSORY DWELLING UNITS
Section 17.25.210 is hereby amended to read in its entirety as follows:

For the purpose of this ordinance, primary dwelling, primary dwelling unit, and primary residence mean the same thing and may be used interchangeably. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
(B) A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(4) “Efficiency kitchen” means a kitchen that includes each of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter or counters that are of a reasonable size in relation to the size of the JADU.
(5) “Junior accessory dwelling unit” or “JADU” means a residential unit that (A) Is no more than 500 square feet in size.
(B) Is contained entirely within an existing or proposed single-family structure.

If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
(C) If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection (d)(3)(B) above. (D) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
(e) General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above:
(1) Zoning.
(A) An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone. (B) An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. (2) Height.
(A) Except as otherwise provided by subsections (e)(2)(B) and (e)(2)(C) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. (B) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(C) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(D) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(D) may not exceed two stories.
(E) For the purposes of this subsection (e)(2), height is measured above existing legal grade to the peak of the structure.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(B) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(6) Septic System. If the ADU or JADU will connect to an onsite water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(7) Owner Occupancy.
(A) An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirements. (B) Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement.

A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. (C) As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owneroccupancy requirement in this subsection (e)(7)(C) does not apply if the property is entirely owned by another government agency, land trust, or housing organization.
(8) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(A) Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. (B) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced against future property owners.
(D) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. (E) The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
(9) Income Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:
(A) With the building permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(B) Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90- day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.
(10) Building & Safety.
(A) Must comply with building code. Subject to subsection (e)(10)(B) below, all ADUs and JADUs must comply with all local building code requirements.
(B) No change in occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (e)(10)(B) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(f) Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this subsection (f) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
(B) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
(C) Application of other development standards in this subsection (f), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (f)(1)(B) above or of an FAR, front setback, lot coverage, or open-space requirement may require the ADU to be less than 800 square feet.
(2) Floor Area Ratio (FAR). No ADU subject to this subsection (f) may cause the total FAR of the lot to exceed 45 percent, subject to subsection (f)(1)(C) above. (3) Setbacks.
(A) An ADU that is subject to this subsection (f) must conform to a 25-foot front-yard setback, subject to subsection (f)(1)(C) above. (B) An ADU that is subject to this subsection (f) must conform to 4-foot sideand rear-yard setbacks. (C) No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(4) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(C) above. (5) Minimum Open Space. No ADU subject to subsection (f) may cause the total percentage of open space of the lot to fall below 50 percent, subject to Subsection (f)(1)(C) above.
(6) Passageway. No passageway, as defined in subsection (c)(8) above, is required for an ADU.
(7) Parking.
(A) Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(11) above.
(B) Exceptions. No parking under subsection (f)(7)(A) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(10) above.
(ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (d)(1)(A) above.
(iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
(vi) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(7)B)(i) through (v) above. (C) No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those on-site parking spaces are not required to be replaced. (8) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
(B) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(C) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(D) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(E) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. (F) Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent direct line of sight. (9) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels, as follows:
(A) At least one 15-gallong size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
(B) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. (C) All landscaping must be drought-tolerant.
(D) All landscaping must be from the City’s approved plant list. (10) Historic Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(g) Fees.
(1) Impact Fees.
(A) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (g)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code §66000(b)) and a fee under the Quimby Act (Gov. Code §66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. (B) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. (B) Except as described in subsection (g)(2)(A) above, converted ADUs on a single-family lot that are created under subsection (d)(1)(A) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. (C) Except as described in subsection (g)(2)(A) above, all ADUs that are not covered by subsection (g)(2)(B) require a new, separate utility connection directly between the ADU and the utility.
(i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage-fixture-units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
(h) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violations, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs constructed before 2018.
(A) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(i) The ADU violates applicable building standards, or
(ii) The ADU does not comply with state ADU law (Government Code section 65852.2) or this ADU ordinance (Development Code Section 17.25.210).
(B) Exceptions:
(i) Notwithstanding subsection (h)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety or the public or of the occupants of the structure.
(ii) Subsection (h)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
(i) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (a) through (g)(2) of this section may be allowed by the City with a Conditional Use Permit, in accordance with the other provisions of this title.

End of Section 17.25.210
ATTACHMENT 3

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

Development Code Amendment 2022-173, an urgency ordinance amending Development Code Section 17.25.210 pertaining to ADUs and JADUs.

Project Location - Specific:

City-wide
Description of Project:

This action is consideration of an urgency ordinance to revise several sections of Development Code Section 17.25.210 to bring the ordinance pertaining to ADUs and JADUs into greater compliance with Government Code Sections 65852.2 and 65852.22 as recently amended by SB 897.

Name of Public Agency Approving Project:

City Council, City of Big Bear Lake
Exempt Status: (check one) (State type and section number) XX Statutory Exemption. Section: 15282(h)
XX Categorical Exemption. Section: 15303, Class 3 of CEQA Guidelines Reasons why project is exempt:

The activity is not subject to CEQA because Accessory Dwelling Unit Ordinances were granted a statutory exemption by the Legislature. Pursuant to Sections 15282(h); which allows the adoption of an ordinance regarding ADUs and JADUs by a city to implement Sections 65852.2 and 65852.22 of the Government Code. In addition, the construction of appurtenant accessory structures, as described in the ordinance, is categorically exempt. (Section 15303, Class 3 of CEQA Guidelines).

Lead Agency or Contact Person: Area Code/Telephone/Extension Janice Etter, Sr. Principal Planner (909) 866-5831 x 123 Date: November 7, 2022

MONTHLY REPORTS
Year‐to‐Date (YTD) Period 3 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 3,474,000 236,667 7% (3,237,333) 2 Transient Occupancy Tax 5,001,000 1,132,540 23% (3,868,460) 3 Other Taxes 1,057,500 116,276 11% (941,224) 4 Subventions 614,000 500,000 81% (114,000) 5 Building Permits and Fees 333,300 123,472 37% (209,828) 6 Licenses and Permits 1,433,000 481,461 34% (951,539) 7 Current Service Charges 907,430 114,875 13% (792,555) 8 Other Revenue 231,000 122,098 53% (108,902) Interfund Transfers 1,154,960 159,025 14% (995,935) 9 Appropriations from Reserves ‐ 8,492 0% (8,492) Appropriations from Fund Balance ‐ 6,203,424 0% (6,203,424) 10 TOTAL REVENUES $25,494,806 $2,986,414 12% ($22,508,392)

EXPENDITURES AND ENCUMBRANCES
Management Services
City Council $238,100 $33,396 14% ($204,704)
City Manager 320,250 29,782 9% (290,468) Law Enforcement 5,718,400 1,332,875 23% (4,385,525) City Attorney 370,000 59,893 16% (310,107) Support Services 979,150 173,360 18% (805,790) Administrative Services 2,427,900 983,392 41% (1,444,508) 11 Public Services 4,822,179 1,177,316 24% (3,644,863) Tourism Management 1,593,800 222,320 14% (1,371,480) Planning & Inspections 2,521,890 393,340 16% (2,128,550) Contributions to Reserves ‐ ‐ 0% ‐
Interfund Transfers 6,503,137 682,497 10% (5,820,640) 12 TOTAL EXPENDITURES AND ENCUMBRANCES $25,494,806 $5,088,169 20% ($20,406,637) 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 Timing of franchise fee payments. On track with revenue projection. 5 One time contribution from MWD received for the Boardwalk Project. 6 Seasonal building permit activity.
7 Timing of annual vacation rental permit renewals.
8 Reimbursements dependent upon timing of expenditures. 9 On track with revenue projection. Snow reimbursement received in March. 10 Fund Balance will be applied at year‐end if necessary. 11 Annual insurance premiums payable in July.
12 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ General Fund
September 2022
25% of Fiscal Year Complete
1 of 4
Year‐to‐Date (YTD) Period 3 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Licenses and Permits $13,500 $4,350 32% ($9,150) 1
Current Service Charges 6,249,500 4,282 0% (6,245,218) 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 $8,632 0% ($7,285,033)

EXPENDITURES AND ENCUMBRANCES
Public Services $2,204,200 $659,554 30% ($1,544,646) 4
BBARWA Contract ‐ 3,012,100 0% (3,012,100) 5 Contributions to Reserves ‐ ‐ 0% ‐
Interfund Transfers 2,077,365 353,870 17% (1,723,495) 6 TOTAL EXPENDITURES AND ENCUMBRANCES $7,293,665 $1,013,424 14% ($6,280,241) 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 BBARWA payments occur in December and April.
6 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Sanitation
September 2022
25% of Fiscal Year Complete
2 of 4
Year‐to‐Date (YTD) Period 3 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Service Charges and Other Revenue $4,103,200 $26,884 1% ($4,076,316) 1 Appropriations from Reserves ‐ ‐ 0% ‐
TOTAL REVENUES $4,103,200 $26,884 1% ($4,076,316)

EXPENDITURES AND ENCUMBRANCES
Public Services $1,098,010 $254,683 23% ($843,327)
Big Bear Disposal Contract 2,790,700 431,177 15% (2,359,523) 2 Interfund Transfers 105,000 26,250 25% (78,750) 3 Contributions to Reserves ‐ ‐ 0% ‐
Contribution to Fund Balance 109,490 ‐ 0% (109,490) TOTAL EXPENDITURES AND ENCUMBRANCES $4,103,200 $712,109 17% ($3,391,091) NOTES:
1 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 2 Timing of Big Bear Disposal billing. YTD includes July and August payments. 3 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Refuse
September 2022
25% of Fiscal Year Complete
3 of 4
Year‐to‐Date (YTD) Period 3 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Transient Occupancy Tax $1,666,000 $377,237 23% ($1,288,763) 1 Other Revenue ‐ 10,000 0% (10,000) Appropriations from Fund Balance 754,242 ‐ 0% (754,242) 2 TOTAL REVENUES $2,430,242 $377,237 16% ($2,053,005)

EXPENDITURES AND ENCUMBRANCES
Interfund Transfers $2,430,242 $212,934 9% ($2,217,308) 3 TOTAL EXPENDITURES AND ENCUMBRANCES $2,430,242 $212,934 9% ($2,217,308) 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
September 2022
25% 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 August 2022 Vacation Rental
Compliance Report Summary
August 2022 Summary Number/$ % Of Total
City Initiated Concerns 19 20%
Resident Concerns 75 80%
Total Concerns 94 100%
Noise/Party/Spa 44 47%
Parking 18 19%
Over Occupancy 4 4%
No License 9 10%
Other (TOT, ads*, exterior sign, zoning, rental) 19 20% Citations Issued 18 19%
Citation Fines & Penalties $ 48,500 100%
* Staff reviewing ads for compliance at renewal.

August 2022 Concern Submission Platform
Phone Call 62 66%
Web Form 1 1%
Email 1 1%
Mobile App 11 12%
City‐initiated 19 20%
Total Concerns 94 100%
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com August 2022 Citation Recipients
Owner 11 61%
Guest 7 39%
Total Citations 18 100%
August 2022 Supply Nights 79,656
August 2022 Demand Nights 31,182
August 2022 Occupancy Rate 39%
Occupied Nights per Complaint 421
% Occupied Nights with No Complaint 99.76%
July 2022 Disposition of Concerns
No Violation Observed by Officer 24 26%
Issued Verbal Warning 20 21%
Issued Written Warning 13 14%
Issued Citation 18 19%
No Issue 10 11%
Issues Resolved Without Warning 9 10%
Total Vacation Rental Concerns (incl. staff) 94 100%
Monthly Trend Plus Supply Night vs Demand Night
Supply Nights* Demand Nights*
2021 2022 % Change 2021 2022 % Change
75,935 79,656 4.9% 34,920 31,182 ‐10.7%
* Supply and Demand Nights are for the entire place.

Monthly Trend Occupancy Rate
2021 2022 % Change
46% 39% ‐14.9%
Average Daily Rate RevPAR*
2021 2022 % Change 2021 2022 % Change
$ 472 $ 354 ‐25.1% $ 217.11 $ 138.45 ‐36.2%
* RevPAR is Revenue Per Available Rental = ADR * Occupancy Rate.

Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com Y‐over‐Y Through August Resident
Concerns Nights Booked
% With
No
Concern
Reported
Booked
Nights Per
Concern
Concern
Per Night
Decrease
YoY
2022 644 268,241 99.76% 417 ‐56%
2021 1179 315,754 99.63% 268
Comparison ‐535 ‐47,513 0.13% 149
61%
39%
Citation Recipient
Owner Guest
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.
44 18
4 9
19 18
0 5 10 15 20 25 30 35 40 45 50
Noise/Party/Spa
Parking
Over Occupancy
No License
Other (TOT, ads*, exterior sign, zoning, rental)
Citations Issued
Type of Concerns
65%
1%
1%
12%
19%
2%
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 25%
21%
14%
19%
11%
10%
Disposition of Concerns
No Violation Observed by Officer Issued Verbal Warning
Issued Written Warning Issued Citation
No Issue Issues Resolved Without Warning
Date Details of request Name Response
Date
outcome Time logged
9/20/2022 Any permits for 39209 Big
Bear Blvd
Cindy
Pearson 10/5/2022 Resonse sent via
email 20 mins
9/21/2022
Copy of original building
permit and cert of occupancy.

Renovation/remodel permits
since '95, Open code
violations, Open fire
code/safety violations 40650
Village Dr
Jonathon
Wu 10/10/2022 Response sent via
email 40 mins
9/22/2022 Building plans for 43396
Primrose Dr
Gregory
Stead 10/5/2022 Response sent via
email 30 mins
9/29/2022 Permit that includes roof 2014
for 42769 Peregrine
Janet
StevensMoore9/30/2022 Response sent via
email 20 mins
9/30/2022 Certificate of occupancy for
Big Bear Mt Brewery
Andrew
Goodwin
Brown
10/5/2022 responded via
phone 2 mins
9/30/2022 40190 Lakeview Dr permits
and plans, all records on file
James
Sullos 10/11/2022 Response sent via
email 25 mins
OCTOBER 2022 RECORDS REQUEST LOG
Below is a list of records requests that have either been received during the month of October, completed during the month of October or are considered as "rolling productions" in which responsive documents have been sent/will be sent during the month of October 9/29/2022 Contract documents and bid
tabulation/results x3
Deltek
Public
Records
10/20/2022 response sent via
email 40 mins
10/10/2022 Stella Luna business license Thomas
Barker 10/13/2022 Response sent via
email 5 mins
10/10/2022 code violations at 41805,
41807, 41809 Switzerland
Colin
Sarjeant 10/12/2022 Response sent via
email 20 mins
10/13/2022 Any record or information on
790 Menlo Dr
Kiumars
Arzani 10/18/2022 Resonse sent via
email 40 mins
10/14/2022 Electrical permit for 843
Edgemoor Dr. Jill Zamoyta 10/19/2022 response sent via
email 10 mins
10/14/2022
99 year land lease public
notices and emails between
the City and Gregory Schick
Kara
Flietstra 10/18/2022
rolling production
first response sent
10/18
10 mins
10/17/2022 all documents for 618 Knight
Ave
AGB 10/20/2022 response sent via
email 15 mins
10/17/2022
Camera footage from chamber
of commerce building on
10/7/22-10/8/22 11:30pm12:30am
Logan
Karasch 10/18/2022
Response sent via
email no footage
found
2 mins
10/19/2022
records of 2019-2022 vacation
rental inspections relating to
Forest Litter clearance
designated as requirements
for re-licensing
David Shor 10/20/2022 response sent via
email 1.5 hours
10/24/2022
Doreen and David Maltbie,
Tough Girl all business license
information
Ingrid
Olsen 10/25/2022 response sent via
email 15 mins
10/24/2022
all citations issued to vacation
rental homeowners 2019-
current. Accepted, disputed or
waived.

David Shor pending email sent
10/25/2022 proof of permits taken out by
Argyll Construction.

Bruce
Campbell 11/1/2022 response sent via
email 25 mins
10/26/2022 Historical Building permits for
40789 Village Dr
Armen
Behtash 10/28/2022 response sent via
email 10 mins
10/28/2022 permit for second building on
956 Kinckerbocker Road
Cathy
Swindlehur
st
10/28/2022 response sent via
email 10 mins
10/31/2022
STR permit application and
renewals, annual home
inspection checklists, monthly
TOT reports from 2020-2022
for 695 Cove Dr.

Liam Oliver pending
10/31/2022
42124 & 42126 Big Bear Blvd
copies of site plans,
outstanding zoning/ code
violations, special/ conditional
use permits, Cert. of
occupancy, variances issued,
zoning verification letter
Kelly
McMann pending
10/27/2022 Contract between the City and
Tourism Economics LLC
San
Bernardino
County
11/1/2022 response sent via
email 5 mins
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: October 25, 2022
TO: Erik Sund, City Manager
FROM: Reginald A. Lamson, DWP General Manager
RE: DWP Monthly Update – September 2022

SERVICE DELIVERY
Water services that were provided September 1, 2022 to September 30, 2022:
15,928 Customers provided with water service.
789 Field service calls completed.
2 Main leak repaired.
14 Main leaks year-to-date 2022 22 Main leaks year-to-date 2021 6 Service leak repairs
43 Service leaks year-to-date 2022 66 Service leaks year-to-date 2021

57.48 Million gallons produced by wells.
$836,707 Processed in billings.
8,342 Accounts processed in billings.
2,506 Number of customers on E-bill
111 New Accounts (includes tenant turnover).

5.70 Equivalent Dwelling Units (EDU) added to the water system. $993,634 Total Gross receipts processed.

BOARD MEETINGS:

The following was approved by the Board of Water and Power Commissioners at a Regular Board Meeting on September 27, 2022:
• The Board approved the budget adjustment and authorized the purchase of a 2023 Ford F-150 with covered bed in the amount of $49,863.11 from Sunrise Ford. • The Board adopted Resolution No. DWP-2022-17 approving the non-binding Letter of Intent for the Replenish Big Bear Project and authorizing the General Manager to execute the non-binding Letter of Intent.
• The Board ratified Change Order No. 1 to the South West Pump & Drilling Maple Well Pumping Unit Replacement contract in the amount of $5,898.24.
• The Board ratified Change Order No. 2 to Tri County Pump Division Well No. 6 Pumping Unit Replacement contract in the amount of $9,882.98.
• The Board approved the budget adjustment and ratified Change Order No. 1 to the Tennyson contract in the amount of $59,600.

City Manager’s Report
October 25, 2022

Page 2 of 2 ends

Big Bear Lake City CouncilNovember 7, 2022

Big Bear Lake City Council
November 7, 2022