Agenda packet — Big Bear Lake City Council, August 9, 2023

CITY COUNCIL REGULAR MEETING AGENDA
AUGUST 9, 2023
Open Session: 5:00 p.m., Big Bear Lake Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315

COUNCILMEMBERS

MAYOR RANDALL PUTZ

MAYOR PRO TEM PERRI MELNICK

COUNCILMEMBER RICK HERRICK

COUNCILMEMBER BYNETTE MOTE

COUNCILMEMBER KENDI SEGOVIA

CITY STAFF

CITY MANAGER ERIK SUND

ASSISTANT CITY MANAGER ERICA STEPHENSON

CITY ATTORNEY STEPHEN DEITSCH

CITY CLERK REBECCA CANNON
If members of the public cannot attend the meeting, the City encourages the public 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 either 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

ROLL CALL

PLEDGE OF ALLEGIANCE
INVOCATION - The invocation will be delivered by Mr. Bighorn, local musician.

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 Theatre Project presents “The One Act Play That Goes Wrong” on August 24th – 26th and September 1st – 2nd starting at 7:30 p.m. and August 27th and September 3rd starting at 2:00 p.m.

Green Jack Productions LLC presents the Green Jack International Film Festival on September 8 – 10 starting at 12:00 p.m.

CITY COUNCIL AGENDA
AUGUST 9, 2023 - Page 2

PRESENTATIONS
Presentation of a 25-year Employee Service Award to Jared Cheek, Public Works Operations Manager.

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 APPROVE DEMANDS – CHECK ISSUE DATE 07/01/2023 THROUGH 07/27/2023 IN THE AMOUNT OF $1,307,635.25 AND THE JUNE 2023 TREASURER’S REPORT

1.2 APPROVE COUNCIL SPECIAL MEETING MINUTES OF JUNE 29, 2023

1.3 APPROVE COUNCIL SPECIAL MEETING MINUTES OF JULY 12, 2023

1.4 DESIGNATE VOTING DELEGATE AND VOTING ALTERNATE FOR THE 2023

LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
Staff recommendation: Adopt a resolution that will designate Mayor Randall Putz as the voting delegate and Mayor Pro Tem Perri Melnick as the voting alternate for the 2023 League of California Cities Annual Conference in Sacramento, CA.

1.5 APPROVE FISCAL YEAR 2023-24 MEASURE I FIVE YEAR CAPITAL

IMPROVEMENT PLAN
Staff recommendation: Adopt a resolution that will formally adopt the Measure I five-year Capital Improvement Plan for Fiscal Year 2023-2024 through Fiscal Year 2027-2028 and direct staff to submit the adopted plan and strategy to the San Bernardino County Transportation Authority (SBCTA).

1.6 REJECT ALL BIDS - POTHOLE PATCHING PROJECT
Staff recommendation: Adopt a resolution rejecting the bids received from S. Porter Inc. and Bear Valley Paving for the Pothole Patching Project.

1.7 AWARD OF CONTRACT - BOULDER BAY PARK WALKWAY AND CURB

REPLACEMENT PROJECT
Staff recommendation: Adopt a resolution that will award a construction contract to Siterip Construction Services, Inc. for the Boulder Bay Park Walkway and Curb Replacements Project in an amount not to exceed $341,115.27, authorize the City Manager to execute all necessary

CITY COUNCIL AGENDA
AUGUST 9, 2023 - Page 3
contract documents in a form approved by the City Attorney, and approve an appropriation in the amount of $42,000 from Measure Y Funds.

1.8 AWARD OF CONTRACT - SANITARY SEWER CLEANING AND CCTV

INSPECTION PROJECT
Staff recommendation: Adopt a resolution that will award a construction contract to Houston & Harris, PCS, Inc. for the Sanitary Sewer Cleaning and CCTV Inspection Project in an amount not to exceed $265,852.85 and authorize the City Manager to execute all necessary contract documents in a form approved by the City Attorney.

1.9 AWARD OF CONTRACT – ANNUAL CRACK SEAL OF CITY STREETS PROJECT Staff recommendation: Adopt a resolution that will award a construction contract to Roy Allan Slurry Seal, Inc. for the Annual Crack Seal of City Streets Project in an amount not to exceed $75,496, authorize the City Manager to execute all necessary contract documents in a form approved by the City Attorney, and approve the rejection of the construction bid submitted by Pavement Rehab Company.

1.10 AUTHORIZE CONSULTING AGREEMENTS - MASTER PLANNING EFFORTS ASSOCIATED WITH THE CITY’S 19-ACRE LAKESIDE PROPERTY
Staff recommendation: Adopt a resolution that will award a professional services agreement to SWA Group for master planning services associated with the public park amenities in relation to the City’s 19-acre property in an amount not to exceed $29,500, award a professional services agreement to Birtcher Anderson & Davis for assessment and master planning services associated with the Leisure Bear Mobile Home Park in an amount not to exceed $120,000, and authorize the City Manager to execute all necessary agreement documents in a form approved by the City Attorney.

1.11 AUTHORIZE CITY EVENTS – CONCERTS IN THE VILLAGE AND MOVIES IN

THE PARK
Staff recommendation: Adopt a resolution authorizing Concerts in the Village and Movies in the Park and determining that the events are exempt from Major Special Events permitting requirements as allowed by Development Code Section 17.13.030.(E.)(6.).

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

2.1 INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING SECTION

17.25.210 OF THE DEVELOPMENT CODE
Staff recommendation: Conduct a public hearing to hear any and all public testimony and introduce and conduct the first reading of an ordinance entitled Ordinance of the City Council Amending Development Code Section 17.24.210 Pertaining to Accessory Dwelling Units and

CITY COUNCIL AGENDA
AUGUST 9, 2023 - Page 4
Finding the Amendment Statutorily and Categorically Exempt from the California Environmental Quality Act.

3. DISCUSSION/ACTION ITEMS

3.1 AWARD OF PROFESSIONAL SERVICES AGREEMENT – GENERAL PLAN AND MUNICIPAL CODE UPDATES; DISCUSSION REGARDING THE COMPOSITION

OF THE GENERAL PLAN ADVISORY COMMITTEE (GPAC)
Staff recommendation: Engage in a discussion regarding the composition of the GPAC and provide direction to staff as appropriate; adopt a resolution that will award a professional services agreement to Mintier Harnish for updates to the General Plan and Municipal Code in an amount not to exceed $1,542,719 and authorize the City Manager to execute all contract documents in a form approved by the City Attorney.

3.2 WEST END DEVELOPMENT COMMITTEE
Staff recommendation: Engage in a discussion regarding the formation and composition of the West End Development Committee proposed by Mayor Pro Tem Perri Melnick, and provide direction to staff as appropriate.

4. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
• CITY CLERK, CITY ATTORNEY & CITY MANAGER COMMENTS
• COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS

ADJOURNMENT

TENTATIVE ITEMS TO BE CONSIDERED AT A FUTURE CITY COUNCIL MEETING Vacation Rental Ordinance Discussion – September 7, 2023 Winter Traffic Management Plan Discussion – September 27, 2023

DECLARATION OF POSTING
I, Rebecca F. Cannon, City Clerk of the City of Big Bear Lake, do hereby declare that the foregoing Agenda for the Big Bear Lake City Council Meeting was posted in accordance with the applicable legal requirements.

DATED: August 3, 2023
Rebecca F. Cannon, 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
87226 San Bernardino County Flood Control District 07/06/23 44,117.00 87227 San Bernardino County Registrar of Voters 07/06/23 9,508.00 87228 San Bernardino County Weights & Measures 07/06/23 961.00 87232 Cintas Corporation 07/06/23 381.44
87233 Fifth Asset, Inc. dba DebtBook 07/06/23 7,200.00
87234 Geiger Supply, Inc. 07/06/23 210.08
87236 Mountain Trophy & Pro Shop 07/06/23 150.85
87237 CivicPlus, LLC 07/06/23 1,080.00
87239 Southern California Association of Governments 07/06/23 680.00 87241 Southwest Gas Corporation 07/06/23 2,488.16
87242 DP Trading Inc 07/06/23 697.50
87243 Verizon Wireless 07/06/23 1,287.25
87245 San Bernardino County Treasurer 07/13/23 6,671.00 87247 San Bernardino County Vehicle Svcs Dept 07/13/23 7,994.42 87248 City of Big Bear Lake Dept of Water & Power 07/13/23 4,842.82 87250 Big Bear Municipal Water Dist 07/13/23 2,664.15
87251 Big Bear Disposal Inc 07/13/23 223,530.34
87252 Big Bear Paint Center 07/13/23 730.59
87253 BlackHole Technologies Inc 07/13/23 1,949.45
87254 Bravo Arts Solutions LLC 07/13/23 127.60
87255 Burtronics Business Systems 07/13/23 488.48
87256 Butchers Blocks & Building Materials 07/13/23 520.16 87257 Bear Valley Electric 07/13/23 10,570.44
87258 Charter Communications Holdings, LLC 07/13/23 1,374.36 87260 Lumber City Corp. 07/13/23 272.36
87261 Docu‐Trust 07/13/23 50.00
87262 Fieldman, Rolapp & Assoc Inc 07/13/23 4,059.50
87263 Frontier Communications 07/13/23 62.73
87264 Golden Bell Products, Inc 07/13/23 3,449.08
87265 Grainger Inc. 07/13/23 44.25
87266 Haaker Equipment Co. Inc. 07/13/23 594.56
87267 MTS Partners Inc 07/13/23 647.60
87268 Marlin Business Bank 07/13/23 1,616.02
87269 Mission Linen Supply Inc. 07/13/23 829.33
87270 Municipal Maintenance Equipment 07/13/23 143.99
87271 Mountain Trophy & Pro Shop 07/13/23 102.36
87272 Mountain Water Co 07/13/23 136.00
87273 Nativescapes, Inc. 07/13/23 100.00
87276 Orkin Pest Control 07/13/23 219.99
87278 Quill Corporation 07/13/23 536.12
87279 Nestle Waters North America 07/13/23 472.41
87280 Ring Central 07/13/23 1,729.29
87282 South Coast Ltng & Design, Inc 07/13/23 3,773.86
87283 Cynthia Stafford 07/13/23 1,400.00
87286 Twin Bear Equipment Rental, Inc. 07/13/23 953.80
87288 Valero Marketing & Supply Co 07/13/23 565.99
87289 Volvo Construction Equipment Inc. 07/13/23 7,597.29 87290 Vulcan Materials Company Inc. 07/13/23 2,109.16
87291 What's Up Big Bear 07/13/23 90.00
87296 Espyr 07/14/23 204.60
87303 TASC Client Invoices 07/14/23 100.13
City of Big Bear Lake
Checks Issued 07/01/2023 ‐ 07/27/2023
Item 1.1
Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 07/01/2023 ‐ 07/27/2023
87309 BBARWA 07/20/23 25,080.00
87310 Big Bear Chamber of Commerce 07/20/23 21.43
87312 Bear Valley Electric 07/20/23 10,641.38
87313 Lynn Merrill And Associates, Inc. 07/20/23 19,780.33 87314 Merrell Johnson Engineering Inc 07/20/23 11,425.75 87315 Southern California Mountains Foundation 07/20/23 246,109.59 87317 Volvo Construction Equipment Inc. 07/20/23 27,497.81 87318 Willdan Engineering Inc 07/20/23 33,177.50
87319 San Bernardino County 07/20/23 8.00
87320 All Protection Alarm 07/20/23 1,052.00
87321 Autozone Investment Corporation 07/20/23 53.00
87323 Big Bear Paint Center 07/20/23 1,275.70
87324 Butchers Blocks & Building Materials 07/20/23 1,375.86 87325 Calolympic Glove & Safety Co 07/20/23 706.03
87326 Charter Communications Holdings, LLC 07/20/23 2,631.34 87327 Cintas Corporation 07/20/23 1,297.52
87328 Lumber City Corp. 07/20/23 81.90
87329 Frontier Communications 07/20/23 2,830.35
87330 Grainger Inc. 07/20/23 176.55
87332 Mission Linen Supply Inc. 07/20/23 1,698.81
87333 Mojave Desert & Mountain 07/20/23 3,959.00
87334 Nixon‐Egli Equipment Co, Inc. 07/20/23 2,707.28
87335 Rochester Midland Corporation 07/20/23 611.64
87336 Romans Construction Corp. 07/20/23 10,200.00
87337 United Rentals (North America), Inc 07/20/23 3,250.51 87342 California State Secretary of State 07/27/23 40.00 87343 Bear Valley Mutual Water Co 07/27/23 102,000.00
87345 Charter Communications Holdings, LLC 07/27/23 255.11 87346 Extra Space Management Inc 07/27/23 991.00
87347 Marlin Business Bank 07/27/23 1,616.02
87349 Mission Linen Supply Inc. 07/27/23 830.96
87350 Genuine Auto Parts 07/27/23 125.66
87351 Orkin Pest Control 07/27/23 196.99
87352 Quill Corporation 07/27/23 347.52
87353 Romans Construction Corp. 07/27/23 3,890.00
87354 Volvo Construction Equipment Inc. 07/27/23 274,329.23 87356 San Bernardino County Fire Protection District 07/27/23 2,203.03 87357 Big Bear Valley Recreation & Parks District 07/27/23 10,000.00 87358 Bear Valley Community Healthcare District 07/27/23 5,000.00 87359 Bear Valley Electric 07/27/23 674.94
87360 Car Quest Auto Parts 07/27/23 1,286.69
87361 Eclipse Printing & Graphics, LLC 07/27/23 1,518.58 87362 Everfence Corporation 07/27/23 39,793.60
87363 Fairview Ford Sales, Inc. 07/27/23 884.35
87364 Knights Automotive and Performance, Inc. 07/27/23 465.75 87365 Lance Soll & Lunghard 07/27/23 14,170.00
87366 The Lighthouse Project, Inc. 07/27/23 3,500.00
87367 Lynn Merrill And Associates, Inc. 07/27/23 10,022.40 87369 Merrell Johnson Engineering Inc 07/27/23 5,501.00 87370 Genuine Auto Parts 07/27/23 46.99
87371 M&M Mechanical Services, Inc. 07/27/23 29,900.00
Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 07/01/2023 ‐ 07/27/2023
87372 Superior Pavement Markings, Inc. 07/27/23 389.00
87373 Southwest Gas Corporation 07/27/23 3,675.39
87374 USARC 07/27/23 5,500.00
87375 Verizon Wireless 07/27/23 1,287.61
87376 Willdan Engineering Inc 07/27/23 2,970.00
ACH Phase II Systems 07/14/23 2,138.64
ACH Garret Brosky 07/06/23 3,900.00
ACH Garret Brosky 07/27/23 3,600.00
ACH S Porter Inc 07/06/23 4,850.00
1,307,635.25
Check# Vendor/Employee Transaction Amount
City Council 4110
87357 Big Bear Valley Recreation
& Parks District Community Sponsorship Grant Program 07/27/23 10,000.00 87358 Bear Valley Community Healthcare District Community Sponsorship Grant Program 07/27/23 5,000.00 87366 The Lighthouse Project, Inc. Community Sponsorship Grant Program 07/27/23 3,500.00 87374 USARC Community Sponsorship Grant Program 07/27/23 5,500.00 City Council Total 24,000.00
City Clerk 4130
87227 San Bernardino County Registrar of Voters General Municipal Election 07/06/23 9,508.00 87261 Docu‐Trust Document Storage 07/13/23 50.00
87286 Twin Bear Equipment Rental, Inc. Memorial Day Ceremony Rentals 07/13/23 461.93 87352 Quill Corporation Office Supplies 07/27/23 173.76 City Clerk Total 10,193.69
Finance 4140
87278 Quill Corporation Office Supplies 07/13/23 127.7687361 Eclipse Printing & Graphics, LLC Check Stock 07/27/23 1,518.58
87365 Lance Soll
& Lunghard Professional Services 07/27/23 11,110.00
Finance Services Total 12,756.34
Human Resources 4150
87242 DP Trading Inc City Pins 07/06/23 697.50
87271 Mountain Trophy
& Pro Shop Employee Plaques 07/13/23 102.36
87283 Cynthia Stafford Professional Services 07/13/23 1,400.00 87286 Twin Bear Equipment Rental, Inc. Employee Appreciation 07/13/23 217.80 87296 Espyr EAP Services 07/14/23 204.6087303 TASC Client Invoices Administrative Fees 07/14/23 100.13 87342 California State Secretary of State Notary Exam Application Fee 07/27/23 40.00 87352 Quill Corporation Office Supplies 07/27/23 173.76ACH Phase II Systems PARS Administrative Fees 07/14/23 2,138.64 Human Resources Total 5,074.79
Traffic Safety 4230
87312 Bear Valley Electric Electricity Usage 07/20/23 618.76 87359 Bear Valley Electric Electricity Usage 07/27/23 408.29 Traffic Safety Total 1,027.05
City of Big Bear Lake
Expenditure By Department
Checks Issued 07/01/2023 ‐ 07/27/2023
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 07/01/2023 ‐ 07/27/2023
Animal Regulation 4260
87276 Orkin Pest Control Pest Control Service 07/13/23 125.00 Animal Regulation Total 125.00
Engineering 4310
87314 Merrell Johnson Engineering Inc Professional Services 07/20/23 6,339.75 87324 Butchers Blocks
& Building Materials Materials/Supplies 07/20/23 14.00
Engineering Total 11,854.75
Street Maintenance 4320
87247 San Bernardino County Vehicle Svcs Dept Fuel Charges 07/13/23 4,076.19 87252 Big Bear Paint Center Materials/Supplies 07/13/23 205.85 87253 BlackHole Technologies Inc GPS Monthly Service 07/13/23 1,949.45 87256 Butchers Blocks
& Building Materials Materials/Supplies 07/13/23 86.25
87260 Lumber City Corp. Materials/Supplies 07/13/23 65.81 87269 Mission Linen Supply Inc. Laundry Service 07/13/23 331.73 87273 Nativescapes, Inc. Tree Inspection 07/13/23 100.0087279 Nestle Waters North America Drinking Water 07/13/23 236.20 87288 Valero Marketing
& Supply Co Fuel Charges 07/13/23 565.99
87289 Volvo Construction Equipment Inc. Snow Removal Equipment Rental 07/13/23 6,615.21 87317 Volvo Construction Equipment Inc. Snow Removal Equipment Rental 07/20/23 27,497.81 87321 Autozone Investment Corporation Materials/Supplies 07/20/23 53.00 87323 Big Bear Paint Center Materials/Supplies 07/20/23 26.55 87324 Butchers Blocks
& Building Materials Materials/Supplies 07/20/23 201.13 87325 Calolympic Glove
& Safety Co Safety Supplies 07/20/23 353.02
87326 Charter Communications Holdings, LLC Cable Service 07/20/23 83.51 87327 Cintas Corporation AED Lease 07/20/23 403.8187332 Mission Linen Supply Inc. Laundry Service 07/20/23 679.52 87335 Rochester Midland Corporation Janitorial Supplies 07/20/23 152.9187337 United Rentals (North America), Inc Equipment Rental 07/20/23 3,250.51 87346 Extra Space Management Inc Storage Rental Spaces 07/27/23 991.00 87349 Mission Linen Supply Inc. Laundry Service 07/27/23 332.38 87353 Romans Construction Corp. Asphalt Repairs 07/27/23 3,890.00 87372 Superior Pavement Markings, Inc. Materials/Supplies 07/27/23 389.00 PW: Street Maintenance Total 52,536.83
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 07/01/2023 ‐ 07/27/2023
Vehicle Maintenance 4325
87241 Southwest Gas Corporation Natural Gas Usage 07/06/23 642.37 87248 City of Big Bear Lake Dept of Water
& Power Water Usage 07/13/23 140.46
87269 Mission Linen Supply Inc. Laundry Service 07/13/23 41.48 87270 Municipal Maintenance Equipment Materials/Supplies 07/13/23 143.9987289 Volvo Construction Equipment Inc. Vehicle Repair Parts 07/13/23 982.08 87312 Bear Valley Electric Electricity Usage 07/20/23 38.94 87330 Grainger Inc. Vehicle Repair Parts 07/20/23 176.55 87332 Mission Linen Supply Inc. Laundry Service 07/20/23 84.96 87334 Nixon‐Egli Equipment Co, Inc. Vehicle Repair Parts 07/20/23 2,707.28 87349 Mission Linen Supply Inc. Laundry Service 07/27/23 41.57 87350 Genuine Auto Parts Vehicle Repair Parts 07/27/23 93.16 87360 Car Quest Auto Parts Vehicle Repair Parts 07/27/23 575.53 87363 Fairview Ford Sales, Inc. Vehicle Repair Parts 07/27/23 884.35 87364 Knights Automotive and Performance, Inc. Vehicle Maintenance 07/27/23 465.75 87370 Genuine Auto Parts Vehicle Repair Parts 07/27/23 46.99 87373 Southwest Gas Corporation Natural Gas Usage 07/27/23 864.06 PW: Vehicle Maintenance Total 7,929.52
Street Lighting 4330
87257 Bear Valley Electric Electricity Usage 07/13/23 6,676.53 87312 Bear Valley Electric Electricity Usage 07/20/23 1,124.63 PW: Street Lighting Total 7,801.16
Parking Lots / Chamber Building 4335
87248 City of Big Bear Lake Dept of Water
& Power Water Usage 07/13/23 546.89
87256 Butchers Blocks
& Building Materials Materials/Supplies 07/13/23 93.37
87257 Bear Valley Electric Electricity Usage 07/13/23 1,088.65 87258 Charter Communications Holdings, LLC Security Camera Internet Service 07/13/23 309.59 87260 Lumber City Corp. Materials/Supplies 07/13/23 52.34 87265 Grainger Inc. Materials/Supplies 07/13/23 22.1387276 Orkin Pest Control Pest Control Service 07/13/23 94.99 87310 Big Bear Chamber of Commerce Natural Gas Usage 07/20/23 21.4387312 Bear Valley Electric Electricity Usage 07/20/23 3,706.26 87320 All Protection Alarm Alarm Monitoring 07/20/23 192.30 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 07/01/2023 ‐ 07/27/2023
87324 Butchers Blocks
& Building Materials Materials/Supplies 07/20/23 264.56 87335 Rochester Midland Corporation Janitorial Supplies 07/20/23 152.91 87359 Bear Valley Electric Electricity Usage 07/27/23 132.20 PW: Parking Lots/Chamber Total 6,677.62
Planning 4410
87319 San Bernardino County Monthly Assessor Parcel Map Update 07/20/23 8.00 87376 Willdan Engineering Inc Professional Services 07/27/23 2,970.00 ACH Garret Brosky Professional Services 07/06/23 3,900.00ACH Garret Brosky Professional Services 07/27/23 3,600.00 Planning Total 10,478.00
Tourism
& Municipal Code Compliance 4415
87247 San Bernardino County Vehicle Svcs Dept Fuel Charges 07/13/23 849.73 87278 Quill Corporation Office Supplies 07/13/23 408.3687328 Lumber City Corp. Materials/Supplies 07/20/23 33.43 Tourism
& Municipal Code Compliance Total 1,291.52
Building
& Safety 4430
87247 San Bernardino County Vehicle Svcs Dept Fuel Charges 07/13/23 100.62 87318 Willdan Engineering Inc Professional Services 07/20/23 33,177.50 Building
& Safety Total 33,278.12
PAC Administration 4610
87254 Bravo Arts Solutions LLC Ticket Printing Fees 07/13/23 127.60 PAC Administration Total 127.60
City Parks
& Trails 4625
87234 Geiger Supply, Inc. Janitorial Supplies 07/06/23 210.0887248 City of Big Bear Lake Dept of Water & Power Water Usage 07/13/23 2,551.80
87250 Big Bear Municipal Water Dist Boulder Bay Park Marina Permit 07/13/23 2,664.15 87252 Big Bear Paint Center Materials/Supplies 07/13/23 324.20 87256 Butchers Blocks
& Building Materials Materials/Supplies 07/13/23 207.03 87257 Bear Valley Electric Electricity Usage 07/13/23 749.06 87258 Charter Communications Holdings, LLC Security Camera Internet Service 07/13/23 440.88 87265 Grainger Inc. Materials/Supplies 07/13/23 22.12
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 07/01/2023 ‐ 07/27/2023
87286 Twin Bear Equipment Rental, Inc. Equipment Rental 07/13/23 274.07 87312 Bear Valley Electric Electricity Usage 07/20/23 658.51 87323 Big Bear Paint Center Materials/Supplies 07/20/23 95.23 87324 Butchers Blocks
& Building Materials Materials/Supplies 07/20/23 250.88 87335 Rochester Midland Corporation Janitorial Supplies 07/20/23 152.91 87345 Charter Communications Holdings, LLC Security Camera Internet Service 07/27/23 255.11 87359 Bear Valley Electric Electricity Usage 07/27/23 134.45 City Parks
& Trails Total 8,990.48
General Government 4800
87236 Mountain Trophy
& Pro Shop Office Name Plates 07/06/23 150.85
87239 Southern California Association of Governments Membership Dues 07/06/23 680.00 87245 San Bernardino County Treasurer LAFCO FY23 Apportionment 07/13/23 6,671.00 87272 Mountain Water Co Water Dispenser Rental
& Water 07/13/23 136.00
87327 Cintas Corporation First Aid Supplies 07/20/23 489.92 General Government Total 8,127.77
Information Technology 4810
87233 Fifth Asset, Inc. dba DebtBook GASB Compliance Software 07/06/23 7,200.00 87237 CivicPlus, LLC Municipal Code Hosting 07/06/23 1,080.00 87243 Verizon Wireless Cell Phone Service 07/06/23 1,287.25 87255 Burtronics Business Systems Printing Fees 07/13/23 488.48 87258 Charter Communications Holdings, LLC Internet Service 07/13/23 623.89 87263 Frontier Communications Telephone Service 07/13/23 62.73 87267 MTS Partners Inc Toner 07/13/23 647.60
87268 Marlin Business Bank Copier Lease 07/13/23 1,616.02 87280 Ring Central Communication Services 07/13/23 1,729.29 87326 Charter Communications Holdings, LLC Internet Service 07/20/23 2,451.09 87329 Frontier Communications Telephone Service 07/20/23 2,378.43 87347 Marlin Business Bank Copier Lease 07/27/23 1,616.02 87375 Verizon Wireless Cell Phone Service 07/27/23 1,287.61 Technology Services Total 22,468.41
Civic Center 4820
87232 Cintas Corporation AED Lease 07/06/23 381.4487241 Southwest Gas Corporation Natural Gas Usage 07/06/23 525.59 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 07/01/2023 ‐ 07/27/2023
87247 San Bernardino County Vehicle Svcs Dept Fuel Charges 07/13/23 1,259.32 87248 City of Big Bear Lake Dept of Water
& Power Water Usage 07/13/23 504.78
87256 Butchers Blocks
& Building Materials Materials/Supplies 07/13/23 96.56
87260 Lumber City Corp. Materials/Supplies 07/13/23 112.80 87269 Mission Linen Supply Inc. Laundry Service 07/13/23 58.05 87320 All Protection Alarm Alarm Monitoring 07/20/23 734.01 87324 Butchers Blocks
& Building Materials Materials/Supplies 07/20/23 291.51 87326 Charter Communications Holdings, LLC Security Camera Internet Service 07/20/23 96.74 87328 Lumber City Corp. Materials/Supplies 07/20/23 48.47 87332 Mission Linen Supply Inc. Laundry Service 07/20/23 118.91 87335 Rochester Midland Corporation Janitorial Supplies 07/20/23 152.91 87349 Mission Linen Supply Inc. Laundry Service 07/27/23 58.16 87351 Orkin Pest Control Pest Control Service 07/27/23 196.99 87371 M&M Mechanical Services, Inc. Maintenance
& Repairs 07/27/23 29,900.00
87373 Southwest Gas Corporation Natural Gas Usage 07/27/23 676.53 Civic Center Total 35,212.77
PAC Operations
& Maintenance 4821
87241 Southwest Gas Corporation Natural Gas Usage 07/06/23 148.81 87291 What's Up Big Bear Theatre Support 07/13/23 90.00 87320 All Protection Alarm Alarm Monitoring 07/20/23 125.69 87373 Southwest Gas Corporation Natural Gas Usage 07/27/23 172.49 PAC Operations
& Maintenance Total 536.99
Sanitation 250
87241 Southwest Gas Corporation Natural Gas Usage 07/06/23 642.37 87247 San Bernardino County Vehicle Svcs Dept Fuel Charges 07/13/23 1,708.56 87248 City of Big Bear Lake Dept of Water
& Power Water Usage 07/13/23 48.75
87257 Bear Valley Electric Electricity Usage 07/13/23 1,415.58 87260 Lumber City Corp. Materials/Supplies 07/13/23 41.41 87262 Fieldman, Rolapp
& Assoc Inc Professional Services 07/13/23 4,059.50
87264 Golden Bell Products, Inc Lift Station Degreaser 07/13/23 3,449.08 87266 Haaker Equipment Co. Inc. Materials/Supplies 07/13/23 594.56 87269 Mission Linen Supply Inc. Laundry Service 07/13/23 331.73 87279 Nestle Waters North America Drinking Water 07/13/23 236.21 87309 BBARWA Connection Fees 07/20/23 25,080.00
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 07/01/2023 ‐ 07/27/2023
87312 Bear Valley Electric Electricity Usage 07/20/23 3,863.38 87314 Merrell Johnson Engineering Inc Professional Services 07/20/23 3,848.00 87324 Butchers Blocks
& Building Materials Materials/Supplies 07/20/23 53.86
87325 Calolympic Glove
& Safety Co Safety Supplies 07/20/23 353.01
87327 Cintas Corporation First Aid Supplies 07/20/23 403.79 87329 Frontier Communications Telephone Service 07/20/23 451.92 87332 Mission Linen Supply Inc. Laundry Service 07/20/23 679.52 87349 Mission Linen Supply Inc. Laundry Service 07/27/23 332.38 87350 Genuine Auto Parts Vehicle Repair Parts 07/27/23 32.50 87360 Car Quest Auto Parts Vehicle Repair Parts 07/27/23 711.16 87365 Lance Soll
& Lunghard Professional Services 07/27/23 1,530.00
87369 Merrell Johnson Engineering Inc Professional Services 07/27/23 5,501.00 87373 Southwest Gas Corporation Natural Gas Usage 07/27/23 864.04 Sanitation Total 56,232.31
Property Lease General Operations 255
87228 San Bernardino County Weights
& Measures Weights and Measure Permit ‐ Leisure Bear Mobile Home Park 07/06/23 961.00 87343 Bear Valley Mutual Water Co Annual BVM Ground Lease ‐ Leisure Bear Mobile Home Park 07/27/23 102,000.00 Property Lease General Operations Total 102,961.00
Village Streetscape Maintenance 291
87241 Southwest Gas Corporation Natural Gas Usage 07/06/23 529.02 87248 City of Big Bear Lake Dept of Water
& Power Water Usage 07/13/23 1,050.14
87251 Big Bear Disposal Inc Village Litter Containers 07/13/23 1,931.30 87252 Big Bear Paint Center Materials/Supplies 07/13/23 200.54 87256 Butchers Blocks
& Building Materials Materials/Supplies 07/13/23 36.95
87257 Bear Valley Electric Electricity Usage 07/13/23 640.62 87282 South Coast Ltng
& Design, Inc Maintenance
& Repairs 07/13/23 3,773.86
87312 Bear Valley Electric Electricity Usage 07/20/23 630.90 87323 Big Bear Paint Center Materials/Supplies 07/20/23 1,153.92 87373 Southwest Gas Corporation Natural Gas Usage 07/27/23 1,098.27 Village Streetscape Maintenance Total 11,045.52
Capital Projects 321
87315 Southern California Mountains Foundation CA 4 All Youth Workforce Program Grant 07/20/23 246,109.59 87336 Romans Construction Corp. Sanitation Infrastructure Improvement Project 07/20/23 10,200.00 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 07/01/2023 ‐ 07/27/2023
87354 Volvo Construction Equipment Inc. Equipment Acquisition 07/27/23 274,329.23 87362 Everfence Corporation Knickerbocker Improvement Project 07/27/23 39,793.60 ACH S Porter Inc Stanfield SMORE Project 07/06/23 4,850.00 Capital Projects Total 575,282.42
Street Improvement Projects 350
87290 Vulcan Materials Company Inc. Moonridge Realignment & Roundabouts 07/13/23 2,109.16
87324 Butchers Blocks
& Building Materials Moonridge Realignment
& Roundabouts 07/20/23 299.92
Capital Projects/ Street Improvements Total 2,409.08
Refuse 550
87226 San Bernardino County Flood Control District NPDES Agreement #11‐545 Annual Fee 07/06/23 44,117.00 87251 Big Bear Disposal Inc Residential Curb/Bin Service 07/13/23 221,599.04 87269 Mission Linen Supply Inc. Laundry Service 07/13/23 66.34 87313 Lynn Merrill And Associates, Inc. Professional Services 07/20/23 19,780.33 87314 Merrell Johnson Engineering Inc Professional Services 07/20/23 1,238.00 87332 Mission Linen Supply Inc. Laundry Service 07/20/23 135.90 87333 Mojave Desert
& Mountain Membership Contributions 07/20/23 3,959.00
87349 Mission Linen Supply Inc. Laundry Service 07/27/23 66.47 87356 San Bernardino County Fire Protection District Household Hazardous Waste Removal 07/27/23 2,203.03 87365 Lance Soll
& Lunghard Professional Services 07/27/23 1,530.00
87367 Lynn Merrill And Associates, Inc. NPDES Inspections 07/27/23 10,022.40 Refuse Total 304,717.51
1,307,635.25
DISTRIBUTION OF TREASURY CASH Rate Amount % of Total
Demand Account - Union Bank $ 13,586,563 42.89%
Imprest Cash - Union Bank Payroll $ 5,342 0.02%
Imprest Cash $ 1,525 0.00%
Dental Self Insured Checking $ 158,410 0.50%
Local Agency Investment Fund (LAIF) 2.993% $ 17,927,119 56.59% Total Cash In Treasury: $ 31,678,959 100.00%
INVESTMENT ACTIVITY Days Deposits Withdrawals
LAIF Average Life (Days) of Portfolio 260
LAIF Transactions $0 $0
Interest Received for Fiscal Year 2022-23 $451,267
DISTRIBUTION OF CASH BY FUND June 2023 May 2023 Change
General $ 23,392,970 $ 23,963,715 $ (570,745)
Sanitation $ 5,797,606 $ 5,965,389 $ (167,783)
Capital Improvement $ (1,024,220) $ (859,899) $ (164,321) Refuse $ 1,386,984 $ 1,703,815 $ (316,831)
Trust $ 557,739 $ 432,806 $ 124,933
Successor Agency $ 1,226,930 $ 1,226,930 $ -
AB 3229 Supp Law Enforce $ 340,950 $ 485,819 $ (144,869) Total Cash in Treasury: $ 31,678,959 $ 32,918,575 $ (1,239,616) CASH WITH FISCAL AGENT - RESERVE FUNDS Cost Basis Market Value Current Yield 2005 Revenue Refunding Bonds
Big Bear Lake Reserve Fund $ 575,702 $ 575,702 5.00%
Moonridge Reserve Fund $ 82,001 $ 82,001 5.00%
1999 IA Tax Allocation Bonds $ 289,289 $ 289,289 5.00%
- 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
June 30, 2023
Special Meeting Minutes – June 29, 2023
-
A Special Meeting of the City Council of the City of Big Bear Lake called to order by Mayor Putz at 2:01 p.m., Thursday, June 29, 2023, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.

OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Herrick
Councilmembers Present: Mayor Randall Putz
Mayor Pro Tem Perri Melnick
Councilmember Rick Herrick
Councilmember Bynette Mote
Councilmember Kendi Segovia
Others Present: City Manager Erik Sund
City Clerk Erica Stephenson
Deputy City Clerk Rebecca Cannon
Others Participating Remotely: Assistant City Attorney Lufti Kharuf

PUBLIC COMMUNICATIONS
None.

1. PUBLIC HEARING ITEM

1.1 RESOLUTION ADOPTING SEWER USER FEES AND THE BIG BEAR AREA

REGIONAL WASTEWATER AGENCY (BBARWA) USER FEES THROUGH FISCAL YEAR 2027-28
City Council conducted a public hearing to receive any public testimony regarding the proposed pass through rates from BBARWA pursuant to Proposition 218 parameters, and considered a formal resolution that would adopt City user fees and the BBARWA user fees through Fiscal Year 2027-28.

Following Council Comments, Mayor Putz opened the public hearing at the hour of 2:09 p.m., and the following individuals spoke in opposition to the BBARWA sewer rates:

James Hayton
Jeff Holoubek
Charlie Brewster
Deborah Lydm
Brian Hathorn
Seeing no further public comment, Mayor Putz closed the public hearing at the hour of 2:22 p.m.

Item 1.2

Page 2 ends

Meeting Minutes
June 29, 2023
After the closing of the Public Hearing, City Clerk Erica Stephenson, announced that the City received thirtyone valid written protests – indicating that a majority protest does not exist.

A motion was made by Councilmember Herrick, seconded by Councilmember Mote, to approve staff’s recommendation and adopt the following resolution entitled:

RESOLUTION NO. 2023-50

RESOLUTION ADOPTING CITY SEWER USER FEES AND THE

BIG BEAR AREA REGIONAL WASTEWATER AGENCY
(BBARWA) USER FEES THROUGH FISCAL YEAR 2027-28
Said motion was approved by the following vote:

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

2. DISCUSSION & ACTION ITEM

2.1 PROJECT HOMEKEY PROPOSAL
City Council considered a resolution authorizing the City Manager to execute a joint application for the Homekey Project Round 3 grant cycle in partnership with Mountain Homeless Coaliton, a local nonprofit. A government agency is required to apply for the Homekey Program Round 3 grant funding opportunity and Mountain Homeless Coalition has requested that the City submit a joint application, to assist with the cost of developing 844 Tulip Lane into permanent housing for homeless or at-risk individuals and/or households from the mountain communities.

Following Council comments and questions, Mayor Putz invited up speakers who wanted to speak on the item. The following individuals approached Council:

Wendell Wilson, Mountain Homeless Coalition representative, thanked Council for their support with the application process; discussed the non-profit’s plan for the property and future funding opportunities and sources.

A motion was made by Mayor Pro Tem Melnick, seconded by Councilmember Mote, to approve staff’s recommendation and adopt the following resolution entitled:

RESOLUTION NO. 2023-51

RESOLUTION AUTHORIZING JOINT APPLICATION TO AND

PARTICIPATION IN THE HOMEKEY PROGRAM
Said motion was approved by the following vote:

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

Page 3 ends

Meeting Minutes
June 29, 2023

ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Putz adjourned the meeting at 2:53 p.m.
____________________________
Rebecca F. Cannon, City Clerk
A Special Meeting of the City Council of the City of Big Bear Lake called to order by Mayor Putz at 9:05 a.m., Wednesday, July 12, 2023, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.

OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Mote
Councilmembers Present: Mayor Randall Putz
Mayor Pro Tem Perri Melnick
Councilmember Bynette Mote
Councilmember Kendi Segovia
Councilmember Rick Herrick
Others Present: City Attorney Stephen P. Deitsch
Assistant City Manager Erica Stephenson
Deputy City Clerk Rebecca Cannon

PUBLIC COMMUNICATIONS
None.

1. DISCUSSION & ACTION ITEMS

1. Discussion related to the City Council’s authority to appoint Big Bear Lake Planning Commissioners.

City Attorney Stephen P. Deitsch and Assistant City Manager Erica Stephenson provided the City Council an overview of the Council’s authority to appoint Planning Commissioners and reviewed the interview and appointment process.

2. Conducted Interviews of Planning Commission applicants.

PLANNING COMMISSION APPLICANTS

1. 9:22 a.m. Erin Whittle

2. 9:40 a.m. Bob Loza

3. 10:02 a.m. Mike Rotman

4. 10:18 a.m. Lisa Bist

5. 10:34 a.m. Peter Hall
-
Special Meeting Minutes – July 12, 2023
Item 1.3

Page 2 ends

Meeting Minutes
July 12, 2023
At the hour of 10:55 a.m., Mayor Putz called a short recess.

At the hour of 11:00 a.m., Mayor Putz reconvened the meeting.

3. Council discussed appointing one (1) Planning Commissioner for a two (2) year term expiring June 30, 2025
Mayor Pro Tem Melnick nominated Lisa Bist to the Planning Commission with a two (2) year term expiring June 30, 2025.

Seeing no further nominations, Assistant City Manager Erica Stephenson took a roll call vote.

The nomination to appoint Lisa Bist was approved by the following vote:

AYES: Herrick, Melnick, Mote, Segovia, Putz
NOES: None
ABSTAIN: None
ABSENT: None
Councilmember Herrick nominated Jim Eakin as an alternate candidate to serve on the Planning Commission in the event that there is an unforeseen vacancy within the next three (3) months.

Councilmember Mote nominated Mike Rotman as an alternate candidate to serve on the Planning Commission in the event that there is an unforeseen vacancy within the next three (3) months.

The nomination to appoint Jim Eakin as an alternate was denied by the following vote:

AYES: Herrick
NOES: Segovia, Melnick, Mote, Putz
ABSTAIN: None
ABSENT: None
The nomination to appoint Mike Rotman was approved by the following vote:

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

ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Putz adjourned the meeting at 11:14 a.m.

Rebecca F. Cannon, City Clerk

MEETING
DATE:

TO:

THROUGH:

FROM:

SUBJECT:

August 9, 2023
Honorable Mayor and Members of the City Council
Erik Sund, City Manager
Rebecca F. Cannon, City Clerk
Resolution Designating Mayor Randall Putz as the Voting Delegate and Mayor Pro Tem Perri Melnick as the Voting Alternate for the 2023 League of California Cities Annual Conference

BACKGROUND & DISCUSSION
The 2023 League of California Cities (Cal Cities) Annual Conference is scheduled to take place in Sacramento from September 20-22. An important part of the Cal Cities Annual Conference is the Annual Business Meeting. During this meeting, participants consider and take action on a variety of proposed resolutions that establish or amend Cal Cities policies. In order to vote at the Business Meeting, City Council must designate a voting delegate and up to two (2) alternate voting delegates, one of whom may vote in the event the designated voting delegate is unable to serve in that capacity. Cal Cities requires that the City’s voting delegate and alternates be affirmed by a formal City Council action, therefore staff has prepared the attached resolution for your consideration and possible action.

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

ENVIRONMENTAL CONSIDERATION
Under section 15378 of the California Environmental Quality Act (CEQA) Guidelines, this is not a project, and, therefore, no environmental review is required.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priorities as it aids in the enhancement of local advocacy strategies and bolsters partnerships with regional partners.

RECOMMENDED ACTION
It is recommended that the City Council adopt the attachment resolution (attachment 1) entitled:

Resolution Designating a Voting Delegate for the 2023 League of California Cities Annual Conference.

Attachments:

1. Resolution No. 2022-XX

2. League of Cal Cities Memo
Item 1.4
RESOLUTION NO. 2023-XX

RESOLUTION DESIGNATING MAYOR RANDALL PUTZ AS THE

VOTING DELEGATE AND MAYOR PRO TEM PERRI MELNICK AS
THE VOTING ALTERNATE FOR THE 2023 LEAGUE OF

CALIFORNIA CITIES ANNUAL CONFERENCE
WHEREAS, the City of Big Bear Lake is a full voting member of the League of California Cities (Cal Cities); and
WHEREAS, Cal Cities takes positions on matters affecting cities throughout the state, including but not limited to sponsoring legislation, taking joint positions on pending legislation, and placing voters’ initiatives on the ballot; and
WHEREAS, the Cal Cities’ Board of Directors places matters for the cities’ collective consideration on the agenda for the Annual Business Meeting at the League’s conference; and WHEREAS, Cal Cities requires each city seeking to vote on said matters to authorize a voting delegate to formally represent the city by participating in the business meeting and vote on behalf of the city.

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

1. The City of Big Bear Lake appoints Mayor Randall Putz as the voting delegate and Mayor Pro Tem Perri Melnick as the voting alternate to the Cal Cities Annual Conference in Sacramento, California; and

2. The City Clerk, or the City Clerk’s designee, is authorized to inform Cal Cities of the above appointments.

PASSED, APPROVED AND ADOPTED this 9th day of August, 2023.

Randall Putz, Mayor
ATTEST:

Rebecca F. Cannon City Clerk
Item 1.4 - Attachment 1

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Rebecca F. Cannon, 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. 2023-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 9th day of August, 2023 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Rebecca F. Cannon, City Clerk
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

Item 1.4 - Attachment 2
DATE: August 9, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Deputy City Manager/Director of Public Works Katya Meyer, Project Manager
SUBJECT: Resolution Adopting the Measure I Five-Year Capital Improvement Plan and Expenditure Plan for Fiscal Year 2023-2024 Through Fiscal Year 2027-2028

BACKGROUND & DISCUSSION
Measure I was a one-half of one percent sales tax adopted by San Bernardino County voters in 1989 to generate funding in support of roadway improvement and transportation projects throughout San Bernardino County. In 2004, voters again considered the measure and it was voted to be extended through 2040. Measure I funds support three (3) specific project focus areas:

Regional/Arterial Streets Program, Local Streets Program, and an Elderly/Disabled Transit Program. Local agencies throughout the County, including the City of Big Bear Lake, receive an annual local return allocation of Measure I funds to support local street projects. The City’s anticipated local return for Fiscal Year 2023-24 is approximately $580,000.

The distribution of Measure I funds is administered by the San Bernardino County Transportation Agency (SBCTA). A requirement of the receipt of these funds is that annually, by September 1, each agency shall submit a Five-Year Capital Improvement Plan to SBCTA that outlines all projects funded, partially or entirely, with Measure I funds. Additionally, the City shall submit an expenditure strategy document outlining the goals and objectives of the funding uses.

The City designates its annual local return allocation of Measure I funds to road maintenance activities. The adopted Capital Improvement Program (CIP) budget for Fiscal Year 2023-24 includes approximately $1,949,000 dedicated to road maintenance and rehabilitation projects with approximately $803,000 of it coming from Measure I, which includes the current fiscal year’s allocation as well as remaining fund balance. The activities within these projects include street paving and rehabilitation, crack sealing, line striping, and pothole repair. The Measure I funds are specifically programmed to the Annual Road Rehabilitation Project which includes street overlays or reconstruction activities, based upon the street’s needs, with the goal of rehabilitating several miles of streets annually.

The proposed Five-Year Capital Improvement Plan and expenditure strategy continues to show all available Measure I resources supporting the ongoing Annual Street Rehabilitation Projects.

FISCAL IMPACT
There is no direct fiscal impact associated with this action. The submittal of this resolution and the Item 1.5
adopted planning documents is a requirement of the City continuing to receive annual allocations of Measure I proceeds. The City’s anticipated local return allocation for Fiscal Year 2023-24 is approximately $580,000.

ENVIRONMENTAL CONSIDERATION
Under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, this is not a project, and, therefore, no environmental review is required.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priorities as it supports sustainable infrastructure projects consistent with the needs of our community.

RECOMMENDED ACTION
It is recommended that the City Council adopt the attached resolution (attachment 1) entitled:

Resolution Adopting the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2023- 2024 Through Fiscal year 2027-2028.

Attachments:

1. Resolution No. 2023-XX

2. FY 2023-2024 Through FY 2027-2028 Measure I Five-Year Capital Improvement Plan

3. FY 2023-2024 Through FY 2027-2028 Measure I Five-Year Expenditure Strategy RESOLUTION NO. 2023-XX

RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR

CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR
2023-2024 THROUGH FISCAL YEAR 2027-2028
WHEREAS, San Bernardino County voters approved passage of Measure I in 1989, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino to fund road improvement projects; and
WHEREAS, in November 2004, voters subsequently voted to extend the term of the Measure through 2040; and
WHEREAS, the San Bernardino County Transportation Authority (SBCTA) is responsible for administering the funds and distributing them to the local agencies for usage in one of the three (3) established categories: Regional/Arterial Streets, Local Streets, and Elderly/Disabled Transit; and WHEREAS, cities and agencies throughout San Bernardino County are eligible for an annual local return of these funds to support eligible activities within their jurisdictions and the City of Big Bear Lake annually receives approximately $580,000; and WHEREAS, a requirement of the distribution of the local return funds to the eligible local agencies is that they submit, annually, a Five-Year Capital Improvement Plan and Expenditure Strategy which outline the proposed projects and intended expenditures of Measure I funds; and WHEREAS, the City proposed to expend the annual Measure I allocation for the Annual Street Rehabilitation Project, which is budgeted for annually in the Five-Year Capital Improvement Program; and
WHEREAS, the Annual Street Rehabilitation Project undertakes street overlays or reconstruction activities, based upon the street’s needs, with the goal of rehabilitating several miles of streets annually.

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

1. The Measure I Five-Year Capital Improvement Plan and Expenditure Strategy Fiscal Year 2023-24 through Fiscal Year 2027-28, attached to this resolution, are hereby adopted.

2. Staff is directed to submit the adopted plan and strategy to the SBCTA accordingly.

PASSED, APPROVED AND ADOPTED this 9th day of August, 2023.

Randall Putz, Mayor
ATTEST:

Rebecca F. Cannon, City Clerk
Item 1.5 - Attachment 1

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Rebecca F. Cannon, City Clerk
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/23 Carryover Balance $549,028.00
FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue Total Est. Rev. $579,769 $622,177 $641,229 $660,861 $681,091 $3,185,127 Projects:

FY 23/24 Street Rehabiliation Project No No 0.0% 0.0% $1,799,000 $803,200 $0 $0 $0 $0 $803,200 FY 24/25 Street Rehabiliation Project No No 0.0% 0.0% $1,899,000 $0 $816,480 $0 $0 $0 $816,480 FY 25/26 Street Rehabiliation Project No No 0.0% 0.0% $1,900,000 $0 $0 $653,848 $0 $0 $653,848 FY 26/27 Street Rehabiliation Project No No 0.0% 0.0% $1,899,000 $0 $0 $0 $579,300 $0 $579,300 FY 27/28 Street Rehabiliation Project No No 0.0% 0.0% $1,900,000 $0 $0 $0 $0 $470,400 $470,400

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
$803,200 $816,480 $653,848 $579,300 $470,400 $3,323,228 Total Programming is currently 89% Total Estimated Programming: $3,323,228 Is Project in City's
Non-motorized
Transportation Plan?
(Yes/No)
Does Project have an
ATP Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Projects Total:

Big Bear Lake
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
2023-XX Jurisdiction:
8/9/2023
Sean Sullivan
Deputy City Manager/Director of Public Works
909-866-5831
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028

Page 1 of 1 ends

Item 1.5 - Attachment 2

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
FISCAL YEAR 2023-2024 THROUGH 2027-2028
Measure I pass-through funds will be used by the City of Big Bear Lake for a variety of roadway improvements projects with a focus on the Annual Street Rehabilitation Projects. As the City’s receipt of pass through funds are allocated for local roadways, the City is able to utilize all of these funds for the purpose of supporting the Annual Street Rehabilitation Projects.

The Annual Street Rehabilitation Projects are focused on maintaining and rehabilitating as many miles of City streets as possible each year. Streets identified for re-construction are chosen based on their rating within the City’s Pavement Management Plan, based upon staff identification of concerns from the field, and in coordination with the local utilities. Staff’s goal is to pave as many miles of streets each year, as possible to address areas of concern, to extend the useful life of the streets, and to coordinate with the activities of utilities and other projects. The amount of street improvements to be done each year is driven by the available budget and the needs of each street.

As streets fall further into disrepair and need more extensive rehabilitation, such as street reconstruction, the costs associated with these improvements increase meaning that less work is able to be done on an annual basis. As efforts focus on maintenance treatments, such as mill and overlay or slurry sealing, these efforts are less expensive allowing additional work to be completed.

All Measure I funds are being expended to maintain, improve and/or re-construct existing City roadways.

Item 1.5 - Attachment 3

BACKGROUND & DISCUSSION
Included in the Fiscal Year 2023-24 Capital Improvement Program (CIP) budget was a project to make permanent repairs to potholes throughout the City. As a result of the weather experienced this past winter, the City experienced a high volume of potholes and other areas of roadways in need of repairs. To make the needed repairs, the Pothole Patching Project was included in the CIP with a budget of $250,000. Staff developed a bid specification which included approximately 13,000 square feet of roadway repairs and an estimated cost of approximately $175,000.

Staff conducted a public bid process, consistent with our practices for CIPs, and on June 29, 2023, the City received, publicly opened, and read aloud two (2) sealed bids with the following result:

Contractor Location Bid Amount
S. Porter, Inc. Big Bear Lake, CA $283,550.00
Bear Valley Paving Big Bear Lake, CA $283,760.00
Staff has reviewed the bid documents and the pricing received and both bids have provided pricing that is considerably greater than staff’s estimates as well as the available budget. Each bid provides a cost of more than $20 per square foot for these services. Staff is recommending that the City Council reject the bids and not proceed with this project.

Staff understands the need to address the identified road issues and is developing an alternative approach to these needs using the City’s existing in-house paving crew. Staff is coordinating with a contractor to cold plane or remove sections of asphalt and City staff will pave back new asphalt in these areas, similar to the team’s current efforts as a part of the Annual Street Rehabilitation Project. Staff anticipates pricing for this effort to be less than $4 per square foot which may result in staff being able to repair additional areas. Staff anticipates that these repairs will continue on the end of the City’s paving schedule, which is currently outlined through August.

FISCAL IMPACT
The adopted Capital Improvement Program (CIP) for Fiscal Year 2023-24 includes funding of $1,949,000 for street maintenance and rehabilitation efforts including the Annual Street Rehabilitation Project, Crack Sealing, Street Striping, and these additional street repairs. Sufficient Item 1.6
funding remains available for the identified alternative efforts.

ENVIRONMENTAL CONSIDERATION
At the time that this project was authorized for bid, the City Council found that it is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.C Existing Facilities as repair and maintenance of existing streets and highways.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priorities as it supports sustainable infrastructure projects consistent with the needs of our community.

RECOMMENDED ACTION
It is recommended that the City Council adopt the attached resolution (attachment 1) entitled:

Resolution Rejecting All Bids Received for the Pothole Patching Project.

Attachment:

1. Resolution No. 2023-XX
RESOLUTION NO. 2023-XX

RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE

POTHOLE PATCHING PROJECT
WHEREAS, included in the Fiscal Year 2023-24 Capital Improvement Program (CIP) budget was a project to make permanent repairs to potholes throughout the City as the City experienced a high volume of potholes and other roadway issues in need of repair as a result of the wet weather experienced this winter; and
WHEREAS, the project was included in the CIP with a budget of $250,000 and staff developed a project that would repair approximately 13,000 square feet of roadways at an estimated cost of $175,000; and
WHEREAS, staff conducted a public bid process, consistent with all CIP projects, and on June 29, 2023, the City received two (2) bids from local contractors; and WHEREAS, the bids received were $283,550 and $283,760, respectively, and both bids were well above staff’s estimates for this effort as well as the available budget with the lowest price being in excess of $20 per square foot; and
WHEREAS, staff believes that there is an opportunity to make comparable road repairs, at a lesser costs, using the City’s in-house paving crew consistent with what is being done with the Annual Street Rehabilitation Project; and
WHEREAS, staff intends to coordinate with a contractor to come in and grind or remove damaged sections of asphalt and staff will repave the areas at an anticipated cost of approximately $4 per square foot; and
WHEREAS, staff is recommending that the City Council reject all bids received for the Pothole Patching Project.

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

1. All bids received for the Pothole Patching Project on June 29, 2023 are hereby rejected.

PASSED, APPROVED AND ADOPTED this 9th day of August, 2023.

Randall Putz, Mayor
ATTEST:

Rebecca F. Cannon, City Clerk
Item 1.6 - Attachment 1

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Rebecca F. Cannon, 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 9th day of August, 2023 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Rebecca F. Cannon, City Clerk

MEETING
DATE: August 9, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Deputy City Manager/Director of Public Works Jared Cheek, Public Works Operations Manager
Jacky Chan, Associate Civil Engineer
SUBJECT: Resolution Awarding a Construction Contract to Siterep Construction Services, Inc. for the Boulder Bay Park Walkway and Curb Replacements Project

BACKGROUND & DISCUSSION
The adopted Fiscal Year 2023-24 Capital Improvement Program (CIP) budget includes funding to replace the existing walkways and curbs at Boulder Bay Park. Boulder Bay Park has existing asphalt and decomposed granite walkways throughout the park. This project contemplates replacing the existing walkways, which are aged and in disrepair, in concrete. The replacement of these walkways, in concrete, will meet all current ADA standards, improve the park user experience, and reduce maintenance issues and concerns. Additionally, existing curbing will be replaced and new curbing will be added along the walkways as well as around the landscaped areas.

Staff conducted a public bid process, consistent with our practices for CIPs, and on July 27, 2023, the City received, publicly opened, and read aloud nine (9) sealed bids with the following result:

Contractor Location Bid Amount
Siterep Construction Services, Inc. San Dimas, CA $311,115.27 J. Cardenas, Inc. Victorville, CA $323,893.00
Samuel Randazzo General Engineering Big Bear City, CA $350,000.00 KNC Construction Apple Valley, CA $352,850.00
LOAMC Builders, Inc. Fontana, CA $354,435.00
Kormex Construction, Inc. Ontario, CA $388,000.00
S. Porter, Inc. Big Bear Lake, CA $426,906.00
Issa Electric, Inc. Riverside, CA $435,000.00
Bear Valley Paving Big Bear Lake, CA $574,430.00
Staff has reviewed the bid documents for completeness and accuracy and has found the submittal of Siterep Construction Services, Inc. to be the lowest responsive bid for this project. Staff has reviewed the background of Siterep Construction Services, Inc. and found that they have similar experience on public works projects, including concrete work which is a key element of this project. Their previous public experience includes the Cities of Covina and Vernon, the California Highway Patrol, and the California Department of Corrections. Staff contacted provided references Item 1.7
and they received satisfactory feedback on their work performance.

Upon an award of contract, it is anticipated that work on this effort will commence in early September, after the Labor Day holiday. This project will require the complete closure of Boulder Bay Park for the duration of the improvements. Staff will be coordinating an outreach and notification process in advance of the work taking place.

This project is funded, in part, by Community Development Block Grant (CDBG) funds which are administered by San Bernardino County. This project is eligible to utilize these funds as the removal of architectural barriers and providing enhanced ADA accessibility is an eligible expenditure under the program guidelines. Staff has been in close contact with the County related to these funds and have received their authorization to proceed with awarding the construction contract.

FISCAL IMPACT
The adopted Capital Improvement Program (CIP) for Fiscal Year 2023-24 includes funding for this project in the amount of $300,000 with approximately $38,000 of it being derived from CDBG proceeds and the balance available in Measure Y funds. Staff is requesting a total contract award of $341,115.27, which includesthe base bid amount and an additional contingency fund of $30,000 (approximately 10%) to cover the cost of any unforeseen conditions that may arise through the course of construction. The total contract award will require the appropriation of an additional $42,000 in Measure Y funds.

ENVIRONMENTAL CONSIDERATION
At the time that this project was authorized for bid, the City Council found that it is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.C Existing Facilities as an alteration of an existing pedestrian walkway with no expansion of use.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priorities as it supports sustainable infrastructure projects consistent with the needs of our community.

RECOMMENDED ACTION
It is recommended that the City Council adopt the attached resolution (attachment 1) entitled:

Resolution Awarding a Construction Contract to Siterep Construction Services, Inc. for the Boulder Bay Park Walkway and Curb Replacement Project and appropriate an additional $42,000 in Measure Y Funds.

Attachment:

1. Resolution No. 2023-XX
RESOLUTION NO. 2023-XX

RESOLUTION AWARDING A CONSTRUCTION CONTRACT
TO SITEREP CONSTRUCTION SERVICES, INC. FOR THE

BOULDER BAY PARK WALKWAY AND CURB

REPLACEMENTS PROJECT
WHEREAS, the Fiscal Year 2023-24 Capital Improvement Program (CIP) budget includes a project to replace the existing walkways and curbs at Boulder Bay Park; and WHEREAS, Boulder Bay Park has extensive walkways throughout the park that are made of asphalt and decomposed granite, most of which are in disrepair and in need of upgrading; and WHEREAS, the replacement of these walkways in concrete will meet all current Americans with Disabilities Act (ADA) standards, improve the park user experience, and reduce maintenance issues and concerns; and
WHEREAS, the replacement and addition of curbing along the walkways and around the landscape areas will further contribute to enhanced maintenance of the park; and WHEREAS, staff conducted a public bid process for this effort, consistent with all CIP Projects, and on July 27, 2023, the City Clerk received, publicly opened, and read aloud nine (9) sealed bids for this project; and
WHEREAS, the lowest responsive bid was found to be that of Siterep Construction Services, Inc. in the amount of $311,115.27; and
WHEREAS, staff has reviewed the background and experience of Sitrep Construciotn Services, Inc. and they have the necessary skills and experience to complete this work; and WHEREAS, staff is recommending the contract award to include both the base bid as well as a contingency amount of $30,000 (approximately 10%) to cover the cost of any unforeseen circumstances that arise throughout construction or any additional work that needs to be completed; and
WHEREAS, the project is funded within the adopted CIP budget in the amount of $300,000 with approximately $38,000 of the funding coming through Community Development Block Grant (CDBG) funds and the balance coming from Measure Y funds; and WHEREAS, the project is eligible for the use of CDBG funds as the removal of architectural barriers and making necessary ADA accessibility improvements is an authorized used of these funds; and
WHEREAS, with the addition of contingency funds, the total required award of contract for this project is $341,115.27; and
WHEREAS, given the available budget of $300,000 for this project, staff is requesting the Item 1.7 - Attachment 1
appropriation of an additional $42,000 in Measure Y funds to complete this project; and WHEREAS, staff is anticipating that the work will commence in early September and the project will require a complete closure of Boulder Bay Park for the duration of the work.

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

1. A construction contract is awarded to Siterep Construciotn Services, Inc. in an amount not to exceed $341,115.27, which is inclusive of a contingency fund in the amount of $30,000.

2. The City Manager is authorized to execute all necessary contract documents in a form approved by the City Attorney.

3. $42,000 in Measure Y funds are hereby appropriated for this project.

PASSED, APPROVED AND ADOPTED this 9th day of August, 2023.

Randall Putz, Mayor
ATTEST:

Rebecca F. Cannon, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Rebecca F. Cannon, 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. 2023-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 9 th day of
August, 2023 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Rebecca F. Cannon, City Clerk

MEETING
DATE: August 9, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Deputy City Manager/Director of Public Works Jason Watterson, Public Works Operations Manager
Jacky Chan, Associate Civil Engineer
SUBJECT: Resolution Awarding a Construction Contract to Houston & Harris PCS, Inc. for the Sanitary Sewer Cleaning and CCTV Inspection Project

BACKGROUND & DISCUSSION
The City’s Sanitary Sewer System includes approximately 200 miles of sewer mains of varying sizes and construction materials. A key element of the City’s sewer maintenance program is the routine cleaning and video inspection of the sewer mains. The cleaning prevents blockages and interruptions to flow and the video inspection allows staff to observe the condition of the mains which is used in the planning of future projects and improvements. In an effort to support the work of Sanitation Division staff, funding was included in the Fiscal Year 2023-24 Capital Improvement Program (CIP) budget for contractual support with sanitary sewer cleaning and inspection. The proposed project will allow for the cleaning and inspection of approximately 15 miles of sewer mains in the Moonridge area.

Staff conducted a public bid process, consistent with our practices for CIPs, and on July 27, 2023, the City received, publicly opened, and read aloud five (5) sealed bids with the following result:

Contractor Location Bid Amount
Houston & Harris PCS, Inc. San Bernardino, CA $240,852.85 Faze 1 Corp DBA Premier Pipe, Inc. Upland, CA $249,472.48 APS Environmental, Inc. North Highlands, CA $314,801.80 Nor-Cal Pipeline Services Roseville, CA $362,736.57
Downstream Services, Inc. Escondido, CA $372,746.87
Staff has reviewed the bid documents for completeness and accuracy and has found the submittal of Houston & Harris PCS, Inc. to be the lowest responsive bid for this project. Houston & Harris PCS, Inc. has an extensive resume of completing similar work assignments across Southern California, including work with the Big Bear Area Regional Wastewater Agency (BBARWA).

Upon an award of contract, it is anticipated that work on this effort will commence in early September and the work will be completed under the direction and supervision of Sanitation Division staff.

Item 1.8

FISCAL IMPACT
The adopted Capital Improvement Program (CIP) for Fiscal Year 2023-24 includes funding for the Sanitary Sewer Cleaning and CCTV Inspection Project. The funding is derived from the Sanitation Fund. Staff is recommending the award of contract in the amount of the base bid price as well as an additional contingency fund of $25,000 (approximately 10%) to cover the cost of any unforeseen conditions that may arise throughout the course of construction or accommodate any additional work that needs to be completed through this scope of work. The total contract award, including contingency funds, will be in the amount of $265,852.85.

ENVIRONMENTAL CONSIDERATION
At the time that this project was authorized for bid, the City Council found that it is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.B Existing Facilities as the operation, repair, and maintenance of public owned utilities.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priorities as it supports sustainable infrastructure projects consistent with the needs of our community.

RECOMMENDED ACTION
It is recommended that the City Council adopt the attached resolution (attachment 1) entitled:

Resolution Awarding a Construction Contract to Houston & Harris PCS, Inc. for the Sanitary Sewer Cleaning and CCTV Inspection Project.

Attachment:

1. Resolution No. 2023-XX
RESOLUTION NO. 2023-XX

RESOLUTION AWARDING A CONSTRUCTION CONTRACT
TO HOUSTON & HARRIS PCS, INC. FOR THE SANITARY

SEWER CLEANING AND CCTV INSPECTION PROJECT
WHEREAS, the City’s Sanitary Sewer System includes approximately 200 miles of mains of varying sizes and construction materials; and
WHEREAS, the Sanitation Division staff are responsible for the maintenance, of which a key element is the routine cleaning and video inspection of sewer mains; and WHEREAS, the cleaning of sewer mains prevents blockages and interruptions to flow and the video inspection allows staff to observe the condition of the mains which is used in the planning of future projects and improvements; and
WHEREAS, funding was included in the Fiscal Year 2023-24 Capital Improvement Program (CIP) budget for contracted services to perform the cleaning and inspection of approximately 15 miles of sewer mains in the Moonridge area; and
WHEREAS, staff conducted a public bid process for this effort, consistent with all CIP Projects, and on July 27, 2023, the City received, publicly opened, and read aloud five (5) sealed bids for this project; and
WHEREAS, the lowest responsive bid was found to be that of Houston & Harris PCS, Inc. with a total base bid price of $240,852.85; and
WHEREAS, staff has reviewed the background and experience of Houston & Harris PCS, Inc. and they have the necessary skills and experience to complete this work; and WHEREAS, staff is recommending the contract award to include both the base bid as well as a contingency amount of $25,000 (approximately 10%) to cover the cost of any unforeseen circumstances that arise throughout construction or any additional work that needs to be completed; and
WHEREAS, staff is anticipating that the work will commence in early September and the work will be completed under the direction and supervision of Sanitation Division staff.

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

1. A construction contract is awarded to Houston & Harris PCS, Inc. in an amount not to exceed $265,852.85, which is inclusive of a contingency fund in the amount of $25,000.

2. The City Manager is authorized to execute all necessary contract documents in a form approved by the City Attorney.

Item 1.8 - Attachment 1
PASSED, APPROVED AND ADOPTED this 9th day of August, 2023.

Randall Putz, Mayor
ATTEST:

Rebecca F. Cannon, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Rebecca F. Cannon, City Clerk

MEETING
DATE: August 9, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Deputy City Manager/Director of Public Works Jared Cheek, Public Works Operations Manager
SUBJECT: Resolution Awarding a Construction Contract to Roy Allan Slurry Seal, Inc. for the Annual Crack Seal of City Streets Project

BACKGROUND & DISCUSSION
The Public Works Department is responsible for the maintenance and operation of approximately 84 centerline miles of streets within the City. As a part of the City’s effort to maintain and improve the streets, the annual Capital Improvement Program includes several projects focused on street maintenance: street rehabilitation, pothole repairs, line striping and crack sealing. A project entitled Annual Crack Seal of City Streets is included within the CIP and is designed to place an adhesive sealant into the cracks within pavement surfaces along City streets to prevent water intrusion into the pavement. This project will focus on twenty-one (21) street segments and three (3) public parking lots within the City.

Staff conducted a public bid process, consistent with our practices for CIPs, and on August 1, 2023, the City received, publicly opened, and read aloud three (3) sealed bids with the following results:

Contractor Location Bid Amount
Roy Allan Slurry Seal, Inc. Santa Fe Springs, CA $ 72,266 Global Road Sealing, Inc. Garden Grove, CA $ 78,500
American Asphalt South Fontana, CA $103,600
On August 2, 2023, the day after the public bid opening, staff also located a bid submitted by Carter Enterprises Group, Inc. DBA Pavement Rehab Company (Corona, CA). The bid was delivered via FedEX and the mailing envelope was not marked as containing a bid, in accordance with the standard instructions to bidders and, as such, this parcel was not identified as containing a bid until after the bid deadline and opening had passed. In consultation with the City Attorney’s Office, it was advised that the bid should be rejected on the basis of not conforming to the Instructions to Bidders and should be returned to the company, unopened. Staff issued a letter and returned the unopened bid via US Mail on August 2, 2023 (attachment 2).

Staff has reviewed the bid documents for completeness and accuracy. During the review of the bid submitted by Roy Allan Slurry Seal, Inc., staff recognized an inconsistency between the submitted bid price and the total price when tabulated using the bid schedule of line items. The submitted bid, as indicated, was $72,266, however, when tabulating the bid items, as provided, the total was Item 1.9
found to be $68,496. Staff conferred with the City Attorney’s Office and contacted representatives of the firm directly to review the situation. Roy Allan Slurry Seal, Inc. has indicated that they will honor the price of $68,496 as the base bid for this project. Staff has further reviewed the background and experience of Roy Allan Slurry Seal, Inc. and finds that they have extensive history of completing this type of work for many agencies throughout Southern California.

Upon an award of contract, it is anticipated that work on this effort will commence in early September and the work will be completed under the direction and supervision of Engineering Division staff.

FISCAL IMPACT
The adopted Capital Improvement Program (CIP) for Fiscal Year 2023-24 includes funding for the Annual Crack Seal of City Streets Project. Staff is recommending the award of contract in the amount of the base bid, $68,496, as well as an additional contingency fund of $7,000 (approximately 10%) to cover the cost of any unforeseen conditions that may arise throughout the course of construction or accommodate any additional work that needs to be completed through this scope of work. The total contract award, including contingency funds, will be in the amount of $75,496.

ENVIRONMENTAL CONSIDERATION
This is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.C Existing Facilities as the repair and maintenance of existing streets and highways.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priorities as it supports sustainable infrastructure projects consistent with the needs of our community.

RECOMMENDED ACTION
It is recommended that the City Council adopt the attached resolution (attachment 1) entitled:

Resolution Awarding a Construction Contract to Roy Allan Slurry Seal, Inc. for the Annual Crack Seal of City Streets Project.

Attachments:

1. Resolution No. 2023-XX

2. Letter to Pavement Rehab Company Re: Bid Rejection
RESOLUTION NO. 2023-XX

RESOLUTION AWARDING A CONSTRUCTION CONTRACT
TO ROY ALLAN SLURRY SEAL, INC. FOR THE ANNUAL

CRACK SEAL OF CITY STREETS PROJECT
WHEREAS, the City’s Public Works Department is responsible for the maintenance and operation of approximately 84 centerline miles of streets within the City and the annual Capital Improvement Program (CIP) includes several projects focused on street maintenance; and WHEREAS, one of the projects included within the Fiscal Year 2023-24 CIP is the Annual Crack Seal of City Streets Project which will place an adhesive sealant into the cracks within pavement surfaces along City streets to prevent water intrusion into the pavement which is a key contributor to the degradation of pavement; and
WHEREAS, the proposed project, as designed, will apply the crack seal to twenty-one (21) street segments and three (3) public parking lots within the City; and WHEREAS, staff conducted a public bid process for this effort, consistent with all CIP Projects, and on July 27, 2023, the City Clerk received, publicly opened, and read aloud three (3) sealed bids for this project; and
WHEREAS, the lowest was identified to be that of Roy Allan Slurry Seal, Inc. with an indicated base bid price of $72,266; however, as the bid was being reviewed, staff identified an inconsistency between the indicated base bid price and the tabulated bid price based upon the established bid items, which totaled $68,496; and
WHEREAS, staff conferred with the City Attorney’s Office related to the inconsistency in the bid prices and contacted the contractor’s representative to review further; and WHEREAS, the contractor has indicated that they will honor the tabulated price of $68,496, rather than the stated bid price of $72,266, as the base bid price for this project; and WHEREAS, staff reviewed the background of the contractor for experience and competency and have found that they have extensive experience with projects of this nature throughout Southern California; and
WHEREAS, after the bid submittal deadline, staff identified an additional bid from Carter Enterprises Group, Inc. DBA Pavement Rehab Company, that was not included within the bid opening as the bid was delivered via FedEx and the package was not identified as containing bid documents in accordance with the City’s Instructions to Bidders; and WHEREAS, staff conferred with the City Attorney’s Office and staff was advised to reject the bid on the basis of it not conforming to the City’s Instructions to Bidders as included within the City’s standard bid documents so the bid is recommended for rejection and is being returned to the bidder, unopened; and
Item 1.9 - Attachment 1
WHEREAS, staff is recommending the contract award to total $75,496 to include the base bid price of $68,496 as well as a contingency amount of $7,000 (approximately 10%) to cover the cost of any unforeseen circumstances that arise throughout construction or any additional work that needs to be completed; and
WHEREAS, staff is anticipating that the work will commence in early September and the work will be completed under the direction and supervision of Engineering Division staff.

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

1. A construction contract is awarded to Roy Allan Slurry Seal, Inc. in an amount not to exceed $75,496, which is inclusive of a contingency fund in the amount of $7,000.

2. The City Manager is authorized to execute all necessary contract documents in a form approved by the City Attorney.

3. The bid of Carter Enterprise Group, Inc. DBA Pavement Rehab Company is rejected for failing to comply with the City’s Instructions to Bidders as included within the standard bid documents for this project.

PASSED, APPROVED AND ADOPTED this 9th day of August, 2023.

Randall Putz, Mayor
ATTEST:

Rebecca F. Cannon, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Rebecca F. Cannon, City Clerk

CITY OF

BIG BEAR LAKE
August 2, 2023
Tim Fitzpatrick
Carter Enterprises Group, Inc. OBA Pavement Rehab Company 810 E. Mandevilla Way
Corona, CA 92879
RE: Bid for Annual Crack Seal of City Streets Project
Dear Mr. Fitzpatrick,

VIA EMAIL
On August 1, 2023 at 2:00 p.m., the City of Big Bear Lake received, opened, and publicly read aloud four (4) sealed bids for the Annual Crack Seal of City Streets Project. The bid of Carter Enterprises Group, Inc. OBA Pavement Rehab Company was not included in the bid opening as the bid was not received in the Engineering Department prior to the submittal deadline of 2:00 p.m. on August 1, 2023. The bid of Pavement Rehab Company was received in the Big Bear Lake City Hall on August 1, 2023, however, the submitted bid was not addressed in accordance with Article 18 of the Instructions to Bidders.

At1icle 18 of the Instructions to Bidders indicates that the bids shall be placed in an envelope and "addressed and delivered or mailed, postage prepaid, to the Engineering Department of the City before the time and day set for the receipt of bids."
The package received by the City was not in accordance with the above instructions as it was addressed to the City Clerk and the outer / mailing envelope had no indication that the package was associated with a bid submittal. Pursuant to Article 18 of the Instructions to Bidders, this bid is hereby rejected for failing to strictly comply with the City's designated methods for delivery.

As this bid has been rejected, it is being returned to you sealed and unopened via US Mail.

Please contact me should you have any questions or concerns.

S�y,
1a:-�ulhvan
Deputy City Manager/ Director of Public Works
Public Works Department
39707 Big Bear Boulevard, PO Box I 0000, Big Bear Lake, CA 923 I 5 • (909) 866-583 I • ,w,v, .cit, bi!!bcarlake.com Item 1.9 - Attachment 2

MEETING
DATE: August 9, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Deputy City Manager / Director of Public Works SUBJECT: Resolution Authorizing Consulting Agreements to Support the Master Planning Efforts for the City’s 19-Acre Lakeside Property

BACKGROUND & DISCUSSION
In November 2021, the City Council authorized the execution of a ground lease with Bear Valley Mutual Water Company for 19-acres of property located between Big Bear Boulevard and Big Bear Lake. The property includes considerable open space and lake frontage as well as existing restaurant uses and a 59-space mobile home park. The lease agreement became effective on August 1, 2022 and has a base term of ninety-nine (99) years with the opportunity for extension up to thirty (30) additional years. The base lease payment is $100,000 per year with a 2% annual escalator. The City maintains the controlling interest in the property related to all ongoing maintenance and operations activities as well as all potential future development opportunities. A primary motive of the City in pursuing this land acquisition was to expand public access and recreation activities along the lake with a preliminary concept of developing a lakeside park. In the time since the lease has become effective, the City has committed to a master planning process to determine the ultimate usage and development of the site.

Staff’s immediate focus in the first year of the lease was to stabilize the operation of the existing land uses on site, including the restaurants, residential units, and mobile home park. Staff has retained the Caritas Corporation to assist in the property management activities related to the Leisure Bear Mobile Home Park and they have proven to be a valuable partner as the City has taken on the oversight of this property.

As staff has gotten comfortable with the day to day property operations, staff has transitioned their focus to initiating a master planning process for the site. Staff has identified the two (2) primary focus areas related to the initial master plan: (1) Public Park Amenities and (2) the Leisure Bear Mobile Home Park. Staff believes that an initial focus on these two main areas will build a foundation on which a larger plan for the property can take shape.

Public Park Amenities
The focus of the master planning for the public park amenities will work to engage the community to determine desired amenities to be included in the future park development on this site. As the lease agreement was developed and executed, the City committed to retaining at least half of the 19-acre site as a public access park and recreation facility. In order to develop a park that meets the wants and needs of the community, staff is proposing a consultant to lead community Item 1.10
workshops and surveys to solicit feedback on the park development.

Staff is proposing an agreement with SWA Group who is an established firm specializing in landscape architecture, planning and urban design with an extensive portfolio of public spaces.

SWA’s experience in public spaces includes parks, plazas, trails systems, and water fronts and the potential options for this property include elements of each of these focus areas. SWA Group has been in business for more than 50 years and has offices in California, Texas, and China and completed projects across the United States and around the world.

SWA Group proposes to provide a battery of services that will engage the public on this topic and lead to the development of a conceptual master plan for a waterfront park. As the initial steps, SWA Group will conduct extensive background and research on the site and perform site analysis and evaluation to ultimately identify the opportunities and limitations of the site relative to a public park. This information will be the basis of the displays and engagement pieces to be used during the public outreach. The public outreach element of this effort will include two primary activities:
two (2) public engagement workshops and an online survey tool. These efforts will be used to engage the public and solicit feedback and input related to the proposed public park. SWA Group will use the information and insight gleaned through these efforts to prepare a conceptual park master plan for this space that will include a technical report with recommendations as well as sketches and other illustrative materials to display the proposed concept of the park. SWA Group is proposing to complete this effort for a total cost not to exceed $29,500.

Leisure Bear Mobile Home Park
The City will concurrently undertake an assessment and master planning process related to the Leisure Bear Mobile Home Park to outline its future in relation to the overall site. This effort will analyze the current condition of the park as well as opportunities for its improvement and a consideration for the possible relocation of the facility. The Leisure Bear Mobile Home Park is a key attribute to the site as it 59-units are home to many residents, some of which represent vulnerable populations within the City. The condition of the Leisure Bear Mobile Home Park is in significant need of improvement and this effort will better assess its needs and provide tangible data and options for the improvement of the facility with a focus on improving the quality of life for its residents.

As a part of the due diligence activities while considering the property acquisition staff engaged the Caritas Corporation (Caritas) to assist with investigation and consulting services. Caritas is a nonprofit corporation that works in the realm of affordable housing, owning and operating more than twenty (20) mobile home parks across California. As the City executed the lease, Caritas was then retained to take on the initial property management activities for Leisure Bear. As Caritas has taken on the day to day management of the mobile home park, they have brought in significant resources from Birtcher Anderson & Davis, a large property management company with experience in all sectors of real estate. Birtcher Anderson & Davis provides the management services to most of Caritas’ mobile home parks and they are also very experienced in the development of mobile home parks. Given Birtcher Anderson & Davis’ expertise in these areas, and after consultation with Caritas, staff believes that Birtcher Anderson & Davis is the appropriate firm to undertake the assessment and planning efforts associated with the Leisure Bear Mobile Home Park.

Birtcher Anderson & Davis has proposed a scope of work that will dedicate their expert resources to assess the existing site, identify and analyze potential options for a new development site, and they will inventory and provide resident demographics relative to this effort. The assessment of the existing site will develop a conceptual outline and report to support the consideration of the redevelopment of the mobile home park on the existing site. The work product will include an economic analysis of the costs associated with the redevelopment and a conceptual plan of the needed site and infrastructure improvements. The consultant will also develop a conceptual plan and analysis for the potential redevelopment of the mobile home park on an alternative site and will include the physical site requirements as well as an economic analysis associated with this effort.

These assessments will account for the resident demographics and needs, understanding that much of the resident population consists of long-term residents on fixed incomes. All assessments will consider the viability of the existing coaches to determine if replacement coaches will be a component of any improvements or redevelopment. Additionally, the effort will include feedback and input from the residents as to their wants and needs in a redeveloped park relative to amenities and improvements. Finally, Birtcher Anderson & Davis will provide analysis and recommendations reflective of the legal, economic, and logistical impacts related to either approach based upon their experience in managing and operating mobile home parks. Mobile home parks are a complex space with specific laws and regulations associated with their management and the experience of the Birtcher Anderson & Davis team is critical in ensuring that any efforts that the City may contemplate are done according to the standards and regulations in the industry and within the best interest of the residents.

Birtcher Anderson & Davis has proposed to complete this effort for a not to exceed cost of $120,000 including all reimbursable expenses. The proposal anticipates approximately nine (9) months of work and includes biweekly meetings of the project team throughout the duration of the assignment.

Leisure Bear Mobile Home Park – Resident Engagement
To continue the engagement of the existing mobile home park residents and to seek their input and feedback on any intended improvements or redevelopment, staff intends to engage the firm Tripepi Smith & Associates which is a public relations firm with specialization in local government. This effort is very intensive and complicated and staff believes that a communications and public affairs firm, such as Tripepi Smith, will provide great benefit for this effort. A key factor in using a firm rather than staff is that it is believed that at least half of the residents speak Spanish and the City has limited Spanish speakers. Tripepi Smith is prepared to develop an engagement and communication strategy that is understanding of the City’s communication challenges and will lean on its bilingual team members to provide a more conversational and engaging approach rather than the City’s past practice of engaging only through a translator. Additionally, Tripepi Smith understands the dynamics of working with mobile home parks as they have experience providing engagement support in a previous, similar situation in Los Angeles County.

The engagement with Tripepi Smith is $24,000 and is within the administrative signing authority of the City Manager. The proposed scope of work from Tripepi Smith includes in-person workshops and meetings, walking the neighborhood and engaging the residents, and developing printed material for distribution. These efforts will be supported in both English and Spanish. City staff will retain the ultimate discretion in determining the number and frequency of resident meetings and engagement to meet the needs of this effort as the proposal in on a time and materials basis so the City is only billed for services rendered.

Conformance to City Purchasing Policy
In accordance with the City of Big Bear Lake Purchasing Policy and Procedures (Policy No. 1981- 00) states that services may occasionally be of proprietary nature and allows the City Manager to dispense with bid requirements. Further, Section 4.e of the policy stipulates that retaining of consultants is not applicable to standard purchasing procedures. Given the complex nature of this assignment, staff believes that each identified consultant has a unique set of skills and experience that are applicable and of value to this assignment and, therefore, staff has dispensed with standard bid procedures in accordance with the policy.

FISCAL IMPACT
The total costs associated with these proposed agreements is $173,500. Funding was included within the adopted Fiscal Year 2023-24 Annual Budget for the master planning efforts associated with this site and the available funding is sufficient for these proposed activities.

ENVIRONMENTAL CONSIDERATION
Under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, this is not a project, and, therefore, no environmental review is required.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priorities as it supports sustainable infrastructure projects consistent with the needs of our community.

RECOMMENDED ACTION
It is recommended that the City Council adopt the attached resolution (attachment 1) entitled:

Resolution Authorizing Consulting Agreements in Support of the Master Planning Efforts Associated with the City’s 19-acre Lakeside Property.

Attachments:

1. Resolution No. 2023-XX

2. SWA Group Proposal

3. Birtcher Anderson & Davis Proposal
RESOLUTION NO. 2023-XX

RESOLUTION AUTHORIZING CONSULTING AGREEMENTS

TO SUPPORT THE MASTER PLANNING EFFORTS FOR THE
CITY’S 19-ACRE LAKESIDE PROPERTY
WHEREAS, the City of Big Bear Lake executed a 99-year ground lease with Bear Valley Mutual Water Company for 19-acres of property located between Big Bear Boulevard and Big Bear Lake, effective August 1, 2022; and
WHEREAS, under the ground lease, the City now maintains operational control over the property including the existing land uses as well as future development opportunities; and WHEREAS, as a part of the transition to the controlling interest of the property, the City has committed to a master planning process to determine the ultimate usage and development of the site; and
WHEREAS, staff has identified two (2) primary focus areas for the initial master planning effort:
(1) Public Park Amenities and (2) the Leisure Bear Mobile Home Park and staff has identified scope of work and proposed consultants to achieve the planning efforts in these areas; and WHEREAS, the focus of the planning efforts related to public park amenities is to engage the community and solicit feedback and input related to the proposed public park amenities and improvements that will contribute to a conceptual design of the proposed public park for this space; and
WHEREAS, SWA Group is an established firm in the realm of landscape architecture, planning, and urban design with an extensive portfolio of work in public spaces including parks, plazas, trail systems, and waterfronts and elements of each may be included in this proposed public park; and WHEREAS, SWA Group has proposed a scope of work that includes background research and site assessments, public engagement including two (2) public workshops and an online survey, engagement tool, and will ultimately prepare a conceptual master plan for a waterfront park for a proposed fee of $29,500; and
WHEREAS, the assessment and master planning activities related to the Leisure Bear Mobile Home Park will include a review and assessment of the current site and the infrastructure needs to improve the mobile home park in the current site as well as planning and assessment for the redevelopment of the mobile home park on an alternative site; and WHEREAS, the assessment will include a full overview of physical needs and economic analysis of the potential options as well as consideration for the needs and desires of the mobile home park residents; and
WHEREAS, Birtcher Anderson & Davis are assisting with the ongoing management of the Leisure Bear Mobile Home Park and have proposed to undertake this scope of work for the fee of $120,000; and
Item 1.10 - Attachment 1
WHEREAS, staff will additionally engage with a consultant to support the outreach and engagement related to the Leisure Bear Mobile Home Park throughout this effort; and WHEREAS, funding for these activities is included within the approved Fiscal Year 2023-24 Annual Operating Budget.

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

1. A professional services agreement with SWA Group is approved in an amount not to exceed $29,500 for master planning services associated with the public park amenities related to the City’s 19-acre property.

2. A professional services agreement with Birtcher Anderson & Davis is approved in an amount not to exceed $120,000 for assessment and master planning services associated with the Leisure Bear Mobile Home Park.

3. The City Manager is authorized to execute the agreements in a form approved by the City Attorney.

PASSED, APPROVED AND ADOPTED this 9th day of August, 2023.

Randall Putz, Mayor
ATTEST:

Rebecca F. Cannon, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Rebecca F. Cannon, City Clerk
570 Glenneyre Street
Laguna Beach, California
92651-2453
+1.949.497.5471
www.swagroup.com
Sean O’Malley
Xiao Zheng
Dhaval Barbhaya
Stephen Rydzon
Gerdo P Aquino
Thomas Balsley
Kinder Baumgardner
Matt Baumgarten
Natalia Beard
René Bihan
Shuyi Chang
Richard Crockett
Ning Deng
Marco Esposito
Leah Hales
Ying-Yu Hung
Hui-Li Lee
James Lee
Margaret Leonard
Chih-Wei Lin
John Loomis
Ye Luo
Scott McCready
Charles S McDaniel
Timothy Peterson
Haifeng Ren
Rhett Rentrop
R Joseph Runco
Raymond Siu
David P Thompson
James Vick
John L Wong
Jack Wu
Shuntaro Yahiro
Peiwen Yu
July 5, 2023
City of Big Bear Lake
39707 Big Bear Blvd.

Big Bear Lake, CA 92315
Attn: Erik Sund, City Manager
Re: Big Bear Lake Waterfront Park Concept Master Plan
City of Big Bear Lake, San Bernardino County, California Dear Mr. Sund:

We are pleased to submit the following proposal for Professional Services in connection with the project referenced above.

This Agreement is by and between SWA Group (SWA), a California corporation, and the City of Big Bear Lake (the Client), in California.

SWA shall provide professional services on the project referenced above, the extent of which is indicated on the attached drawing entitled Exhibit A, which may be generally described as the area bounded by Big Bear Lake to the north and west, Big Bear Blvd to the south, and Vintage Inn to the east.

I. SCOPE OF SERVICES
A. Approach Statement
For the subject area in the City of Big Bear Lake, consisting of approximately 18.9 acres, SWA shall prepare a series of waterfront park planning studies and documents as later described which will define the objectives and program for the proposed area.

B. Background & Research
SWA shall:

1. Review available existing pertinent data provided by the Client in the form of base maps, aerial photographs, engineering information and controls, planning reports and projections, and architectural studies.

2. Develop an online project survey website, using the SocialPinpoint platform, that will provide a description of the project with survey questions geared for the public to provide feedback to inform overarching principles and programming on the vision for the Waterfront Park.

C. Site Analysis and Evaluation

1. On the basis of background studies, base maps and special information provided by the Client, SWA shall consider and evaluate the following:
a. Planning Factors:
i. Property configuration;
Item 1.10 - Attachment 2
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ii. Relationships to adjoining land and parcels;
iii. Access potentials;
iv. Limitations in the form of easements, zoning controls, assessment districts; v. Special districts;
vi. Public facilities;
vii. Existing development on the site;
viii. Views, visual characteristics and scenic factors; ix. Utility location, availability and easements;
x. Recreation and open space.
b. Natural Factors:
i. Topography, slopes and orientation;
ii. Soils and geological factors;
iii. Hydrology, drainage patterns;
iv. Existing water bodies, shorelines;
v. Tree cover and vegetation;
vi. Climate and wind factors.

2. Summarize significant data from the above by composite maps, diagrams, and supplementary visual displays to indicate the landscape and environmental opportunities and limitations of the site.

D. Site Visit & Public Engagement
SWA will spend two (2) days in the City of Big Bear Lake as follows:

1. 1st Day - Morning
a. Travel to the site to visit the area and become familiar with overall characteristics and relationship to the surrounding region and obtain photographic coverage.
b. Meet with the Client to understand and discuss their development program for the site.

2. 1st Day - Afternoon
a. SWA will conduct the first session of a Public Open House in Big Bear Lake. Participants will be able to evaluate opportunities and constraints related to potential park programming and improvements.

3. 2nd Day – All Day
a. Conduct a second session Public Open House (consecutive day to item i.). Participants will be able to evaluate opportunities and constraints related to potential park programming and improvements.

4. SWA will prepare a summary of the public engagement, documenting the process and analyzing feedback to develop common goals and shared interests as well as potential conflicts.

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E. Conceptual Waterfront Park Master Plan

1. Based on feedback from the community and the City, SWA shall prepare a conceptual park master plan suitable for presentation, which shall include the following:
a. Character of development;
b. Relationship of structures;
c. Programming;
d. Vehicular access, parking and circulation systems;
e. Pedestrian circulation systems;
f. Definition of major areas of open space;
g. Site structure, landform and grading;
h. Planting concepts;
i. Recreation facilities.

2. Develop sections, sketches or other illustrative materials to convey the character of the proposed waterfront park.

3. Provide one (1) revision incorporating feedback form the Client, if needed.

4. SWA will prepare a summary report in digital format describing the plan concept and key recommendations. The report will be technical in nature and will be in 11 x 17 format.

F. Virtual Meetings
Attend weekly virtual meetings with the Client, if needed.

G. Presentation to City Council
SWA will attend one (1) City Council meeting and assist the Client in providing content for the preparation of staff reports, if needed. Additional council meetings shall be Additional Services as indicated elsewhere in this Agreement.

H. Plan Revisions
Services required for plan changes, additions or revisions due to conditions of approval by the City Council shall be Additional Services as indicated elsewhere in this Agreement.

I. Special Illustrative Plans and Materials
Special presentation graphics such as renderings, perspectives, models or displays shall be Additional Services. Such services or costs shall be agreed upon between the parties in writing.

J. Duration
The duration to complete the above tasks is four (4) weeks.

II. EXCLUSIONS TO SCOPE OF SERVICES
Items not specifically identified in the scope of services sections of this proposal are to be excluded from this work effort and shall be considered Additional Services. The Client shall provide the following information or services as required for performance of the work. Should SWA be required to provide services in obtaining or coordinating City of Big Bear Lake
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compilation of this information, such services shall be charged as Additional Services. SWA assumes no responsibility for the accuracy of such information or services, may rely on the accuracy of such information, and shall not be liable for error or omissions therein.

A. Topography and boundary surveys in digital format.

B. Legal descriptions of property.

C. Soils investigations and/or engineering.

D. Submittal fees.

E. Civil Engineering and/or Architectural CADD base files in AutoCAD format.

F. Existing site engineering and utility base information.

G. Site environmental information required for planning processing.

H. Economic or market analyses.

I. Engineering services.

J. Renderings.

K. Overhead aerial photographs at controlled scale.

III. FEES AND TERMS
Services described above shall be provided for the fixed sum of Twenty-Seven Thousand ($27,000) Dollars, not including reimbursable costs in accordance with the terms and conditions in Appendix A, attached hereto and which is incorporated and made part of this Agreement by reference.

We estimate that Reimbursable Costs indicated in Appendix A will not exceed $2,500. Total Contract Value NTE $29,500.

We would be pleased to answer questions you may have or to clarify the various points above.

If this proposal meets with your approval, please sign below and return one copy for our files.

Sincerely yours,
SWA Group
Sean O’Malley
Contracting Agent
Landscape Architect, CA License #3286
Landscape Architects are licensed by the State of California.

City of Big Bear Lake
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Accepted: City of Big Bear Lake
Signed: ________________________________________________ By: ________________________________________________
Title: ________________________________________________ Email: ________________________________________________ Date: ________________________________________________
SOM/SR/DD/dp
Proposal copyright ©2023 by SWA Group. No portion of this proposal may be copied or distributed to without the written permission of SWA Group.

In order to expedite invoicing, please indicate the following:

Billing Address:

Company Name:_____________________________________
Address: _____________________________________
_____________________________________
Attention: _____________________________________
Email: _____________________________________
Your reference name/number:
_____________________________________
Your Purchase Order or Contract Number reference for invoicing:
_____________________________________
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APPENDIX A
Appended to and part of Agreement for Professional Services between SWA Group (SWA) and the City of Big Bear Lake (the Client), dated July 5, 2023.

FEES FOR PROFESSIONAL SERVICES
Services outlined under the Scope of Services shall be provided for the fixed sum stipulated in the Agreement for Professional Services.

REIMBURSABLE COSTS
The following costs shall be reimbursed at cost plus ten percent (10%) and are not included in the Fee for Professional Services:

A. Cost of copies of drawings, specifications, reports and cost estimates; xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this Agreement.

B. Cost of commercial carrier and public transportation, lodging, car rental and parking, subsistence and out-of-pocket expenses. Private automobile travel at the IRS-allowable rate at the time of traveling. Cost of postage and shipping expenses other than first class mail.

ADDITIONAL SERVICES
Provided SWA has been paid per this Agreement, Additional Services shall be provided for an amount to be agreed upon between the parties in writing. The following is a list of principal(s) committed to this project:

Principals Rate / Hour
O’Malley $341
Rydzon $225
Other principals, if used on this project, have rates ranging from $225 to $352 an hour. These rates may be increased subsequently without written notice. Current staff rates range between $100 and $170.

Additional Services include but are not limited to:

A. Fees for additional consultants retained with the approval of Client.

B. Cost of models, special renderings, special process printing, special equipment, special printed reports or publications, maps and documents, requested by the Client in writing.

C. In-house professional photography services or drone photography.

D. Making planning surveys, feasibility studies, and special analyses of the Client's needs to clarify requirements for project programming.

E. Site planning.

F. Revisions and changes in drawings, specifications or other documents when such revisions are inconsistent with approvals or instructions previously given by the Client required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents.

G. Cost of review as to form of lenders documents, certifications and consents to assignment requested of SWA during the term of this Agreement.

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STATEMENTS
Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work complete.

Reimbursable Costs shall be billed with fee invoices. The Client will notify SWA of any disputes or questions regarding an invoice within fifteen (15) days of the Client’s receipt of the invoice in question.

ACCOUNTS
Accounts are payable net thirty (30) days from date of invoice at our office in Sausalito, California. A service charge of 1.25% of invoice amount per month (15% annual rate) will be applied to all accounts not paid within sixty (60) days of invoice date.

INSURANCE
At all times during the performance of its services under this Agreement, SWA shall maintain in full force and effect the following insurance, with the coverages and limits specified:

A. Workers' compensation insurance, including occupational disease, in accordance with the statutory requirements set forth by the state in which the work is to be performed, and employer's liability insurance covering all of SWA's employees engaged in the performance of this Agreement, in the sum of $1,000,000.00.

B. Commercial general liability insurance, including Landscape Architect protective liability and contractual liability insurance, covering death or bodily injury and property damage of $1,000,000.00 for any one accident, bodily injury and property damage combined single limit.

C. Commercial automobile liability insurance covering SWA for claims arising from owned, hired and non-owned vehicles covering death or bodily injury and property damage with limits of $1,000,000.00 for any one accident, bodily injury and property damage combined single limit.

D. Professional liability (errors and omissions) insurance, on a claims-made basis, with limits of $1,000,000.00 per claim and $1,000,000.00 in the aggregate.

E. Certificates of insurance covering any or all of the above insurance required to be maintained by SWA shall be provided to the Client upon written request.

F. Should the Client request in writing that modifications be made to the stated policy limits or deductibles, SWA shall use its best efforts to have its insurers accommodate such modifications. All charges and additional premiums levied by insurers for such modifications shall be paid by the Client in advance.

G. Upon written request by the Client, SWA shall use its best efforts to have the Client named as an additional insured on the Commercial general liability and Commercial automobile liability policies described above, subject to acceptance by the insurer.

INDEMNIFICATION
A. To the extent of available coverage under the insurance coverage as provided in this Agreement, SWA shall indemnify and save harmless (but not defend) the Client against any and all loss, liability and damages arising out of any claim, suit or legal proceeding to recover damages for wrongful death, bodily injury, illness or disease, or injury to, or destruction of property to the extent caused by the negligent errors or omissions or willful misconduct of SWA, its subcontractors, agents or employees.

B. The Client shall indemnify and save harmless SWA from and against any and all loss, liability and damage arising out of any claim, suit or legal proceeding to recover damages for wrongful death, bodily injury, illness or disease, or injury to, or destruction of property, to the extent caused by or attributable to:

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1. The negligent errors or omissions or willful misconduct of the Client, its contractors, subcontractors, agents or employees.

2. Any hazardous substance, condition, element or material, or any combination of the foregoing, produced by the Client; or emitted intentionally or unintentionally from the property on which the project is located or from the facilities to be designed; or specifically required by the Client to be used or incorporated by SWA into the work to be performed by SWA. SWA shall not be under any duty or obligation to investigate for the existence of such conditions, and shall not be responsible for any failure to discover such conditions.

3. Failure of the Client to provide information or services required to be provided by the Client under the terms of this Agreement or from any inaccuracy, error or omission in such information or services.

4. Any claim asserted by an individual Home Owner or a Homeowners’ Association formed for or associated with this project or any portion of this project, except to the extent caused by the negligence of SWA, its subcontractors, agents or employees. The Client's obligation to indemnify SWA under this clause shall include (without limitation) reimbursement to SWA for all reasonable costs incurred in the defense of such claims, including attorneys' fees incurred in connection with any appeal of a legal action, and all reasonable settlement costs, unless SWA is found to be negligent with respect to such claim under the dispute resolution procedures agreed to in this Agreement, upon which finding the Client shall have no duty to reimburse SWA for any such damages or costs which are attributable to SWA's negligence.

DISPUTE RESOLUTION
The parties agree that they shall attempt to resolve any controversy, claim or dispute between them arising out of or relating to the interpretation, construction, or performance of this Agreement, or breach thereof (collectively the “Claim”) by consultation between Principals of the parties. Any Claim which is not resolved by consultation shall be referred to voluntary, non-binding mediation to be conducted by a mutually acceptable mediator. Any Claim which is not resolved by non-binding mediation shall be referred to binding arbitration conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. Claims where the amount in controversy is less than $150,000 shall be decided by a single arbitrator; otherwise the Claim shall be decided by three arbitrators. All proceedings shall take place in Marin County, California. Costs of mediation or arbitration shall be split equally between the parties.

CONFIDENTIALITY
SWA will use its best efforts and will take reasonable precautions to protect and maintain the confidentiality of any information supplied by the Client during the course of this Agreement and which is identified in writing by the Client as being confidential information, except to the extent that disclosure of such information to third parties is necessary in the performance of SWA's services. This clause shall not apply to any information which is in the public domain, or which was acquired by SWA prior to the execution of this Agreement, or obtained from third parties under no obligation to the Client.

RIGHT TO SUSPEND SERVICES
SWA shall have the right to suspend services on this project if (a) the parties have not executed a written Agreement for SWA's services and unpaid invoices have been rendered with an aggregate balance exceeding $5,000.00; or (b) unpaid project invoices over ninety (90) days old exceed $5,000.00 in the aggregate.

AUTHORIZATION TO PROCEED
If SWA is authorized to commence and/or continue providing its services on the project, either verbally or in writing, prior to the full execution of a written contract, such authorization shall be deemed an acceptance of this proposal, and all such City of Big Bear Lake
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services shall be provided and compensated for in accordance with the terms and conditions contained herein as though this proposal were fully executed by the Client.

OWNERSHIP OF DOCUMENTS
Original drawings and other documents, as instruments of professional service, are the property of SWA. None of them is to be used on other projects except by written agreement of SWA. One reproducible set of final documents will be furnished to the Client upon request. The Client has license to use/reproduce for purposes of this project provided payments are made to SWA when due.

DOCUMENTS FURNISHED IN ELECTRONIC MEDIA
Drawings and data provided to SWA in digital format must be in a form acceptable to SWA. Drawing files shall be in AutoCAD dwg format version 2010 or higher, or an SWA-approved alternative. All files must be created with a legal license. As restricted by copyright law, SWA cannot accept any dwg or other file generated under an educational AutoCAD software license.

Instruments of professional service provided by SWA in electronic media form, once released by SWA, may be subject to inaccuracies, anomalies and errors due to electronic translation, formatting or interpretation. SWA is not responsible for errors and omissions because of these conditions, nor for those resulting from conversion, modification, misinterpretation, misuse or reuse by others after electronic media is released by SWA.

CURRENCY
All payments to SWA will be made in lawful United States currency, free and clear of any taxes, liens or deductions of any type. The Client will reimburse SWA if any such assessments occur.

CREDITS/ACKNOWLEDGMENTS
SWA shall be given proper credit and acknowledgments for all services rendered including, but not limited to, planning, design and implementation. Proper credit shall be defined as being named by the Client (or their agent/client) in project identification boards, published articles, promotional brochures, and similar communications.

FORCE MAJEURE
SWA shall not be responsible for any delay in the performance or progress of the work, or liable for any costs or damages sustained by the Client resulting from such delay, caused by any act or neglect of the Client or the Client's representatives, or by any third person acting as the agent, servant or employee of the Client, or by changes ordered in the work, or as a result of compliance with any order or request of any federal, state or municipal government authority or any person purporting to act therefore, or by acts of declared or undeclared war or by public disorder, riot or civil commotion, or by any other cause beyond the control and without the fault or negligence of SWA. In the event of any such delay, SWA shall proceed with due diligence to alleviate such delay and continue the performance of all obligations under this Agreement.

The time during which SWA is delayed in the performance of the work, shall be added to the time for completion of its services to the extent such time is specified in this Agreement. All additional costs or damages resulting from any delay in the performance or progress of the work caused by any act or neglect of the Client, its agents or representatives, shall be borne entirely by the Client.

LAW
This Agreement shall be interpreted and enforced according to the laws of the State of California.

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VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of the Agreement are declared to be severable.

SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement shall be binding upon the Client and its successors and assigns and upon SWA, its successors and assigns. Neither party shall assign nor transfer its interest in this Agreement or any part thereof without the written consent of the other party.

TERMINATION AND WORK STOPPAGE
It is understood that these Services may be terminated upon ten (10) days’ written notice for good reason by either the Client or SWA. In this event, SWA will be compensated for all work-performed prior to date of termination. Additionally, in the event that the Client stops the project for longer than thirty (30) days, SWA will be compensated for all work which has been performed by SWA prior to the date of work stoppage, and payment shall be paid by the Client for such work to SWA within thirty (30) days of SWA’s invoice to the Client for those services rendered.

If the Project is suspended or not active for more than nine (9) months, this Agreement will be closed without notice.

REVOCATION
This proposal shall be considered revoked if acceptance is not received within sixty (60) days of the date hereof. If SWA does not receive a signed copy within this period, SWA reserves the right to revise the fees.

ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations, by any party which are not embodied herein and that no other agreement, statement or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement will be effective only if it is in writing signed by the parties.

END
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EXHIBIT A
31920 Del Obispo St, Suite 260
San Juan Capistrano, CA 92675
July 28, 2023
Erik Sund, City Manager
Sean Sullivan, Director of Public Relations
City of Big Bear Lake
39707 Big Bear Blvd, PO Box 10000
Big Bear Lake, CA 92315
RE: Proposal for Advisory and Consulting Services
Leisure Bear Mobile Home Park
41044 Big Bear Blvd, Big Bear Lake
Dear Erik and Sean,
We are pleased to provide you with this proposal for consulting services for the Improvement Plan Feasibility Study for the Leisure Bear Mobile Home Park.

The intent of this proposal is to inform you of the Not To Exceed (NTE) costs for Birtcher Anderson & Davis to assist you with the tasks associated with preparing an Improvement Plan Feasibility Study, ROM associated costs, and estimated timeline.

1. Existing Site Report and Analysis:

In conjunction with City Staff, and available due diligence materials already available, Birtcher Anderson & Davis will assist in the development of a report/conceptual outline and specifications to consider for the redevelopment of the mobile home park on the current site. We will assist with the development of a summary economic analysis of the potential costs associated with the redevelopment, including the utilization or replacement of existing coaches for the residents.

2. Replacement mobile home Site New Development Report:

In collaboration with the City staff, identify minimum requirements, and potential replacement sites to develop a replacement mobile home park. This report and analysis would consider the following:
size of coaches expected for new site, amenities being provided with consideration of resident engagement.

3. Resident Demographic Analysis & Inventory
Conduct an assessment of current lots, and work in conjunction with City’s community outreach consultant to determine residents’ demographics, and expectations for temporary or permanent Item 1.10 - Attachment 3
31920 Del Obispo St, Suite 260
San Juan Capistrano, CA 92675
City of Big Bear Lake
Leisure Bear MHP
Page Two
relocation. This would consider the age of the current coaches owned by the residents to determine whether relocation is feasible, or replacement of the coach would be necessary. Birtcher Anderson & Davis would assist in determining an economic value for relocation costs for budgeting purposes.

The aforementioned would be in consideration of the Mobilehome Residency Law, local statutes and historical guidelines.

All sections of work shall consider the legal or logistical hurdles that could occur for each scenario as outlined in sections 1-3. Also Birtcher Anderson & Davis shall identify other recommendations and considerations based on its experience in managing and operating mobile home parks.

Fee Allocation
Description of Scope Services Provided
1 Existing Site Report and Analysis Advisory Services for Outline and Specifications to redevelop existing site
2 Replacement mobile home Site
New Development Report.

Advisory Services for Site Analysis, general outline and timeline specs, and economic analysis of a new
development.
3 Resident Demographic Analysis &
Inventory
Advisory Services for Overview of existing inventory, and demographic economic impacts to residents. This report
would be in coordination with City’s Community Outreach Consultant.
4 Reporting and Communication
during the project.

Assumes meetings 2 times per month for 9 months.

Assumes Web Video Meetings. Review of drafts and final
reports to present to the City for City’s action. 2 In-person meetings shall be included during the consulting
assignment. Additional charges may be applicable for
required in person meetings.

Total Cost $110,000.00
This Not To Exceed (NTE) fee shall be paid monthly starting September 1, 2023 – August 31, 2024 in equal monthly installments of $9,167.00.

The resources available to the City shall include our President and Sr. Vice President, who also will have access to our Regional Directors and Community Managers on an indirect basis during the course of this project.
31920 Del Obispo St, Suite 260
San Juan Capistrano, CA 92675
City of Big Bear Lake
Leisure Bear MHP
Page Three
Reimbursable Expenses
In addition to the project fee, reimbursable expenses will be billed at actual out-of-pocket cost, and will include, but are not limited to, the following expenses: reproduction of drawings, messenger service, overnight delivery, parking, travel, meals, and hotel if required to stay overnight from time to time. An allowance of $10,000 shall be assumed for Reimbursable Expenses for budgeting purposes.

Total Proposed Fee $ 110,000.00
Total Reimbursable Expense Allowance $ 10,000.00
Total Proposed NTE Fee and Reimbursable $ 120,000.00
We appreciate the consideration of this proposal, and we look forward to the opportunity to work further with the City of Big Bear Lake on this project.

Respectfully,
BIRTCHER ANDERSON & DAVIS ASSOCIATES, INC.

Daniel Karcher
President
cc: Jeff Eales, CPM, CCIM – Sr. Vice President

MEETING
DATE: August 9, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Erik Sund, City Manager
SUBJECT: Resolution Authorizing Concerts in the Village and Movies in the Park

DISCUSSION
City Council will consider a resolution that will authorize the City of Big Bear Lake to conduct Concerts in the Village and Movies in the Park. These events and impacts are expected to be similar to the traditional Halloween in the Village or Christmas in the Village. The proposed resolution specifically exemptsthe proposed Concerts in the Village and Movies in the Park from the City’s major special event permitting process, in the same manner that the Halloween in the Village or Christmas in the Village is exempt.

FISCAL IMPACT
Yes, all applicable costs are already budgeted within the Fiscal Year 2023-24 budget.

ENVIRONMENTAL CONSIDERATION
Under section 15378 of the California Environmental Quality Act (CEQA) Guidelines, this is not a project, and, therefore, no environmental review is required.

CONSIDERATION OF COUNCIL STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priorities as it:

1. Supports and invests in sustainable infrastructure projects and programs consistent with the needs of our community

2. Preserves and protects the quality of life for the residents and the businesses

RECOMMENDED ACTION
It is recommended that the City Council adopt the attached Resolution (attachment 1) entitled Resolution Authorizing Concerts in the Village and Movies in the Park.

Attachments:

1. Resolution No. 2023-xx
Item 1.11
RESOLUTION NO. 2023-XX

RESOLUTION AUTHORIZING CONCERTS IN THE VILLAGE

AND MOVIES IN THE PARK
WHEREAS, Members of the City Council have expressed a desire for the City to host a variety of community events that are geared towards Big Bear Valley residents; and WHEREAS, the City and Visit Big Bear have a long-standing partnership in respect to producing special events within the City limits, and Visit Big Bear has communicated that they would like to partner with the City on producing additional fun and free events for the community; and WHEREAS, the Special Events Ordinance, Development Code Section 17.13.030.(E.)(5.) specifically exempts City sponsored and produced events including the Independence Day Fireworks Show, Halloween in the Village and Christmas in the Village. Furthermore, Section

17.13.030.(E.)(6.) provides for other special events to be exempted from special event permitting requirements by a City Council resolution based on special circumstances or characteristics of the event; and
NOW, THEREFORE, BE IT RESOLVED by the City Council that the Concerts in the Village and Movies in the Park events are determined to be exempt from Major Event permitting requirements as allowed by Development Code Section 17.13.030.(E.)(6.).

PASSED, APPROVED AND ADOPTED this 9th day of August, 2023.

Randall Putz, Mayor
ATTEST:

Rebecca F. Cannon, City Clerk
Item 1.11 - Attachment 1

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Rebecca F. Cannon, City Clerk

MEETING
DATE: August 9, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sue O’Strander, AICP, Director of Community & Economic Development SUBJECT: Ordinance Amending Development Code Section 17.25.210 Pertaining to Accessory Dwelling Units and Finding the Amendment Statutorily and Categorically Exempt from the California Environmental Quality Act

BACKGROUND & DISCUSSION
On November 7, 2022, the City Council approved Urgency Ordinance No. 2022-510, adopting interim regulations to implement legislative changes, amended by Senate Bill 897 (SB 897). The State continues to limit local authority pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). SB 897 went into effect on January 1, 2023 and the City Attorney’s Office prepared the urgency ordinance, as it was imperative for that to be in place before January 1st.

Since then, staff has conducted two study sessions with the Planning Commission to discuss potentially desired revisions to the urgency ordinance. These sessions occurred on February 1, 2023 and February 15, 2023. Based on the Commission’s direction and the limited allowances under State law, staff returned to Planning Commission on July 19, 2023 with proposed amendments to section 17.25.210 of the Development Code.

On July 19, 2023, at a duly noticed public hearing, the Planning Commission considered staff’s recommended amendments, based on Commission input during the study sessions, and in alignment with direction provided by the City Attorney’s Office. Specifically, the City Attorney supported certain and necessary changes only, to ensure the City’s resulting ordinance was not contrary to the State statue. As such, not all changes requested by the Commission were able to be incorporated.

In consultation with the City Attorney’s Office, it is important to retain the State statue language where necessary. Specifically, the City may not impose additional requirements for “building permit only” ADUs and JADUs (section 17.25.210(d)(1)). However, for “ADU permit” types, the City may impose some additional standards, limited to setback, lot coverage, minimum open space, parking, and design. Recommended changes in sections 17.25.210(e) and (f) are shown in the attached redline document (attachment 2). Additional details are available in the attached Planning Commission staff report.

Item 2.1

REQUIRED FINDINGS
Affirmation of the required findings, as provided under section 17.03.200.F of Title 17, can be made in support of the proposed Development Code Amendment, as follows:

1. The proposed Development Code amendment conforms with the goals, objectives and policies of the general plan. Specifically, Land Use Element Policy L 1.7 pertains to compatibility between different land uses. The amendment incorporates regulations to integrate ADUs into the character of existing neighborhoods to the extent allowed by law.

The amendment is consistent with Goal L 3 to provide for housing opportunities for all demographic and economic segments of the population and Policy L 3.3 that requires the planners to maintain the integrity, safety and attractiveness of residential neighborhoods.

To the extent allowed under the new ADU laws, the amendment supports Community Design Element Goal CD 1 to create and maintain a well-designed built environment which contributes to the community’s economic vitality, enhances the quality of life and reflects and enhances the beauty of the City’s natural mountain setting.

The amendment is consistent with goals, policies, and programs of the 2021- 2029 Housing Element, specifically Goal H 1 and Program H1 –B to provide adequate sites for a variety of housing types and Goal H2 to encourage and support development of adequate housing to meet the needs of low- and moderate-income households through Policy H2.3 to provide regulatory concessions and incentives for the development of affordable housing and Program H2-E to allow larger ADUs and provide incentives to encourage conversion of guest houses to ADUs.

2. The proposed Development Code amendment is necessary to implement the general plan and to provide for public safety convenience and/or general welfare, because the provisions of California Government Code Sections 65852.2 and 65852.22 do not represent the overall goals and policies of the City of Big Bear Lake General Plan. The state law is general in nature and applies to all cities in California. Big Bear Lake is unique because of our topography, elevation, climate, demographics and population.

Modifications to the state standards are necessary to implement the City’s General Plan goals, policies, and programs and to provide public safety and the overall general welfare of our citizens.

3. The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof, because the appropriate single-family and multifamily residential development standards are included in the ADU ordinance to the extent allowed under state law in order to maintain health, safety and welfare for our citizens. These requirements include front building setbacks, maximum lot coverage, minimum open space, maximum building height, minimum parking space sizes, and minimum architectural standards to expedite review and integrate ADUs and JADUs into our residential neighborhoods.

4. The proposed Development Code amendment is reasonable and beneficial at this time, because the proposed amendment reflects the desire of the City to bring the City’s regulations into compliance with the state laws governing ADUs and JADUs contained in Government Code Sections 65852.2 & 65852.22, as amended by Senate Bill 897 (2022).

FISCAL IMPACT
There are no fiscal impacts associated with the adoption of the recommended ordinance.

ENVIRONMENTAL CONSIDERATION
This project has been evaluated for compliance with the California Environmental Quality Act (CEQA). The Application is statutorily exempt under California Code of Regulations Section 15282(h) specifically that CEQA does not apply to the adoption of an ordinance implementing the provisions of 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 pursuant to Section 15303, Class 3 of CEQA Guidelines.

CONSIDERATION OF STRATEGIC PRIORITIES
This project aligns with Strategic Priority Goal No. 4: “enhance community engagement and local advocacy strategies, while bolstering partnerships with residents, businesses and regional partners.”

RECOMMENDED ACTIONS
It is recommended that the City Council:

1. Conduct a public hearing to hear any and all testimony; and

2. Introduce and conduct the first reading of an ordinance entitled Ordinance of the City Council Amending Development Code Section 17.25.210 Pertaining to Accessory Dwelling Units and Finding the Amendment Statutorily and Categorically Exempt from the California Environmental Quality Act.

Attachments:

1. Ordinance No. 2023-XXX

2. Recommended text changes, shown in redline

3. Planning Commission Staff Report, dated July 19, 2023 (without attachments) ORDINANCE NO. 2023-XXX

ORDINANCE OF THE CITY COUNCIL AMENDING DEVELOPMENT
CODE SECTION 17.25.210 PERTAINING TO ACCESSORY DWELLING

UNITS AND FINDING THE AMENDMENT STATUTORILY AND

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, on November 7, 2022, the City Council considered and adopted Urgency Ordinance No. 2022-510 comprising interim regulations to implement legislate changes, amended by Senate Bill 897, in advance of a January 1, 2023 deadline; and WHEREAS, the Planning Commission considered Development Code Amendment 2023-007, initiated by the City of Big Bear Lake to follow the Urgency Ordinance, to revise Development Code Section 17.25.210 pertaining to Accessory Dwelling Units (“Application”); and WHEREAS, pursuant to Sections 65852.2 and 65852.22 of the California Government Code, the city may adopt an ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, the City’s current regulations contained in Development Code Section 17.25.210 were adopted by Urgency Ordinance 2022-510 and the City wishes to adopt a non-urgency ordinance pertaining to “Accessory Dwelling Units” in accordance with Government Code Sections 65852.2 and 65852.22 as amended by Senate Bill 897 (2022); and
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to regulate the use of buildings, structures, and land as between industry, business, residences, and open space, and other purposes; to regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot which may be occupied by a building or structure, and the intensity of land use; and to establish requirements for off-street parking, in compliance with the California Government Code. The City has adopted such an ordinance, referred to as the Development Code, adopted by Ordinance No. 2003-333, on September 8, 2003, and codified in the Municipal Code as Chapter 17; and
WHEREAS, Section 17.03.200 of the Development Code includes provisions for amendments to the Development Code; and
WHEREAS, the Planning Commission held study sessions concerning Development Code Section

17.25.210 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) during the regularly scheduled Planning Commission meetings of February 1 and February 15, 2023; and
Item 2.1 - Attachment 1
WHEREAS, on July 19, 2023, the Planning Commission at a regularly schedule public meeting considered and recommended that the City Council approve the subject Application; and WHEREAS, the activity is not subject to CEQA because Accessory Dwelling Unit Ordinances were granted a statutory exemption by the Legislature. Pursuant to California Code of Regulations section 15282(h); which allows the adoption of an ordinance to implement California Government Code sections 65852.2 and 65852.22. In addition, the construction of appurtenant accessory structures is categorically exempt pursuant to Section 15303, Class 3 of the State CEQA Guidelines; and WHEREAS, on July 26, 2023, a 1/8-page display advertisement noticing the public hearing in lieu of individual property owner notice, as allowed by State law, was published in The Grizzly newspaper; and
WHEREAS, on August 9, 2023, the City Council conducted a duly noticed public hearing, and received and considered all written and oral evidence related to the Application; and WHEREAS, the City Council, after due study, deliberation and public hearing, took action to recommend approval of the Application in accordance with the General Plan goals and policies, the Development Code; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

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

Section 2. The City Council hereby finds that the Application is statutorily exempt from the California Environmental Quality Act (CEQA) under California Code of Regulations Section 15282(h) specifically that CEQA does not apply to the adoption of an ordinance implementing the provisions of California Government Code sections 65852.2 and 65852.22, and categorically exempt pursuant to Section 15303, Class 3 of the State CEQA Guidelines for the construction of appurtenant accessory structures.

Section 3. Based on the evidence for the Application presented to the City Council during the August 9, 2023, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds, pursuant to §17.03.200, et.al that the following circumstances exist:

1. The proposed Development Code Amendment conforms to the goals, objectives and policies of the General Plan, specifically Land Use Element Policy L 1.7 pertaining to compatibility between different land uses. The amendment incorporates regulations to integrate ADUs into the character of existing neighborhoods to the extent allowed by law. The amendment is consistent with Goal L 3 to provide for housing opportunities for all demographic and economic segments of the population and Policy L 3.3 that requires the planners to maintain the integrity, safety and attractiveness of residential neighborhoods. To the extent allowed under the new ADU laws, the amendment supports Community Design Element Goal CD 1 to create and maintain a well-designed built environment which contributes to the community’s economic vitality, enhances the quality of life and reflects and enhances the beauty of the City’s natural mountain setting.

2. The proposed Development Code Amendment is necessary to implement the General Plan and to provide for public safety convenience and/or general welfare because the provisions of California Government Code Sections 65852.2 and 65852.22 do not represent the overall goals and policies of the City of Big Bear Lake General Plan. The state law is general in nature and applies to all cities in California. Big Bear Lake is unique because of our topography, elevation, climate, demographics and population. Modifications to the state standards are necessary to implement the City’s General Plan goals, policies, and programs and to provide public safety and the overall general welfare of our citizens.

3. The proposed Development Code Amendment conforms to the intent of the Development Code and is consistent with all other related provisions thereof because the appropriate single-family and multifamily residential development standards are included in the ADU ordinance to the extent allowed under state law in order to maintain health, safety and welfare for our citizens. These requirements include front building setbacks, maximum lot coverage, minimum open space, maximum building height, minimum parking space sizes, and minimum architectural standards to expedite review and integrate ADUs and JADUs into our residential neighborhoods.

4. The proposed Development Code Amendment is reasonable and beneficial at this time because the proposed amendment reflects the desire of the City to bring the City’s regulations into compliance with the state laws governing ADUs and JADUs contained in Government Code Sections 65852.2 & 65852.22, as amended by Senate Bill 897 (2022).

Section 4. Based on the findings and conclusions as set forth in Sections 1, 2, and 3, above, the City Council hereby approves Development Code Amendment 2023-007 finding the amendment statutorily and categorically exempt from the California Environmental Quality Act and adopting an Ordinance amending Development Code Section 17.25.210 as shown in attached Exhibit 1.

Section 5. Upon the effective date of a non-urgency ordinance approving Development Code Amendment 2023-007 pertaining to Development Code Section 17.25.210 – Accessory Dwelling Units, Urgency Ordinance No. 2022-510 is rescinded and shall be deemed of no further force or effect; and
Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall either: (a) have this Ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this Ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption.

PASSED, APPROVED AND ADOPTED this _____ day of _____, 2023.

Randall Putz, Mayor
ATTEST:

Rebecca F. Cannon, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

ORDINANCE OF THE CITY COUNCIL AMENDING DEVELOPMENT
CODE SECTION 17.25.210 PERTAINING TO ACCESSORY DWELLING

UNITS AND FINDING THE AMENDMENT STATUTORILY AND

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of said City, all at a regular meeting of the said Council on the ___ day of _____ 2023, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2023-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City.

Rebecca F. Cannon, City Clerk
EXHIBIT 1

AMENDMENT TO
DEVELOPMENT CODE SECTION 17.25.210 ACCESSORY DWELLING UNITS Development Code 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 or zoning designation for the lot 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.
(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, new-construction 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.
(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.
(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 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 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) Notwithstanding subsections (A) through (D) above, any ADU that is approved under this section and that has a sloped roof with a pitch of at least 2:12 may be up to 30 feet in height if the ADU is detached from the primarydwelling structure and up to 40 feet in height if the ADU is attached to the primary-dwelling structure.
(F) For the purposes of this subsection, building height is the vertical distance measured from the average level of the highest and lowest point of the portion of the lot covered by the building to the highest point 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. The rental term of all ADUs and JADUs must be longer than 30 days.

Any shorter rental term is a violation of this Code. 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 occupy the property.
(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 occupy the property, in either the primary dwelling or JADU.

However, the owner-occupancy 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.
(D) For purposes of this subsection (7), “occupy” means the right to use the unit exclusively at will as the owner’s permanent, seasonal, or second-home residence.
(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) By January 31 of each calendar year, the owner must report the monthly rent charged for the ADU or JADU during the prior calendar year. If the city does not receive the report, 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 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 front setback, lot coverage, or open-space requirement may require the ADU to be less than 800 square feet.
(2) Setbacks.
(A) An ADU that is subject to this subsection (f) must conform to a 15-foot front-yard setback from any public right-of-way with a width of 40 or more feet and a 20-foot setback from any public right-of-way with a width of less than 40 feet, 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.
(3) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent on a single-family residential lot or 60 percent on a multifamily residential lot, subject to subsection (f)(1)(C) above. (4) Minimum Open Space. There is no minimum open space requirement on a singlefamily residential lot. On a multifamily residential lot, no ADU subject to subsection (f) may cause the total percentage of open space of the lot to fall below 35 percent subject to subsection (f)(1)(C) above.
(5) Passageway. No passageway, as defined in subsection (c)(8) above, is required for an ADU.
(6) Parking.
(A) Generally. One off-street paved parking space with a minimum dimension of 9 feet wide by 19 feet deep, 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. (7) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and doors shall match the appearance and architectural design of the primary dwelling. (B) All structures shall have eave overhangs of at least 12 inches measured from the vertical side of the structure. Roof materials must be nonflammable.

Wood shake shingles are prohibited. The roof pitch must be at least 2:12. (C) All luminares (light sources) must have a cutoff angle of less than 90 degrees.

Exterior lights must be placed so that the bulb or light source is not visible off-site, light is directed down, and the light level at the property line does not exceed 0.25 footcandles.
(D) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(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
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.

Item 2.1 - Attachment 2
2 (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.

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. 3 (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.
(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. 4 (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.
(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 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 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 5 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.
6 (E) Notwithstanding subsections (A) through (D) above, any ADU that is approved under this section and that has a sloped roof with a pitch of at least 2:12 may be up to 30 feet in height if the ADU is detached from the primary-dwelling structure and up to 40 feet in height if the ADU is attached to the primary-dwelling structure.
(E)(F) For the purposes of this subsection (e)(2), building height is the vertical distance measured above existing legal grade to the peakfrom the average level of the highest and lowest point of the portion of the lot covered by the building to the highest point 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 thanThe rental term of all ADUs and JADUs must be longer than 30 days. Any shorter rental term is a violation of this Code. 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 onoccupy the property as the person’s legal domicile and permanent residence.
7 (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 onoccupy the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy 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.
(C)(D) For purposes of this subsection (7), “occupy” means the right to use the unit exclusively at will as the owner’s permanent, seasonal, or secondhome residence. (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.
8 (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 permitBy January 31 of each calendar year, the owner must report the actual monthly rent charged for the ADU or JADU during the prior calendar 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.
9 (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)(A) 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)(2) Setbacks.
(A) An ADU that is subject to this subsection (f) must conform to a 2515-foot front-yard setback from any public right-of-way with a width of 40 or more feet and a 20-foot setback from any public right-of-way with a width of less than 40 feet, 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)(3) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent on a single-family residential lot or 60 percent on a multifamily residential lot, subject to subsection (f)(1)(C) above. (5)(4) Minimum Open Space. No There is no minimum open space requirement on a single-family residential lot. On a multifamily residential lot, no ADU subject to subsection (f) may cause the total percentage of open space of the lot to fall below 50 35 percent, subject to Subsection (f)(1)(C) above.
(6)(5) Passageway. No passageway, as defined in subsection (c)(8) above, is required for an ADU.
(7)(6) Parking.
(A) Generally. One off-street parking space, with a minimum dimension of 9 feet wide by 19 feet deep, is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (a)(11) above.
(B) Exceptions. No parking under subsection (f)(6)(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 (a)(10) above.
10 (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)(7) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and doors must shall 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 roofAll structures shall have eave overhangs of at least 12 inches measured from the vertical side of the structure. Roof materials must be nonflammable. Wood shake shingles are prohibited. The roof pitch must be at least 2:12.
(C) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire codeAll luminaries (light sources) must have a cutoff angle of less than 90 degrees. Exterior lights must be placed so that the bulb or light source is not visible off-site, light is directed down, and the light level at the property line does not exceed 0.25 footcandles. (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. 11 (F)(E) 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. 12 (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 13 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
Community & Economic Development Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com DATE: July 19, 2023
TO: Planning Commission
FROM: Janice Etter, Sr. Principal Planner
SUBJECT: Development Code Amendment 2023-007, ordinance amending Development Code Section 17.25.210 of the Development Code Pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) LOCATION: Citywide

RECOMMENDED ACTION(S)

1. Hold public hearing and take public testimony

2. Find the amendment statutorily exempt from the California Environmental Quality Act; and

3. Adopt a resolution recommending that the City Council approve Development Code Amendment 2023-007 finding the amendment statutorily and categorically exempt from the California Environmental Quality Act and amending Development Code Section 17.25.210 pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

APPLICATION INFORMATION
This is a city-initiated code amendment for compliance with changes in State legislation.

PROJECT DESCRIPTION
The City of Big Bear Lake initiated the proposed amendment to revise the City’s ADU and JADU regulations that were most recently updated on November 7, 2022, by Urgency Ordinance 2022- 510 of the City Council in response to the passage of Senate Bill 897 (SB 897). SB 897, which went into effect on January 1, 2023, amended California Government Code Sections 65852.2 and 65852.22 to further limit local authority to regulate ADUs.

The State law changes:
• require the City to allow certain ADUs to be higher, up to 18 or 25 feet, depending on the situation, see Sections 17.25.210(e)(2)(A – D) of the attached draft ordinance language, • require the City’s front setback to yield for certain ADUs, see Section 17.25.210(f)(1)(C), and
• require the City to justify denial of an ADU or JADU with a full set of detailed comments describing the deficiencies and explaining remedies, see Section 17.25.210(d)(3)(C).

Item 2.1 - Attachment 3
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Urgency ordinances are enacted by the City Council without a public hearing or recommendation of the Planning Commission. Because of this, it is the City’s practice to follow up with a nonurgency ordinance that is subject to the full due process of public hearings and a Planning Commission recommendation.

In addition to the revisions necessary to bring the City’s ordinance into compliance with amendments to State law, staff proposes revisions to align the ADU standards with the existing residential development standards in Development Code Chapter 17.25 to the extent possible.

Additionally, staff’s proposed revisions define “occupy” to include the use of a unit as the owner’s permanent, seasonal, or second home residence, and establish minimum architectural requirements for ADUs. Lastly, the proposed amendments implement Housing Element Program H2-E to increase ADU production.

BACKGROUND
The State legislature established ADUs as legally-allowable land uses as of January 1, 2017, by the passage of AB 2299, AB 2406, and SB 1069. Since 2020, the State ADU laws have undergone many revisions, with subsequent actions taken by local jurisdictions, including the City of Big Bear Lake, to keep consistent with the State legislation. The following is a summary of the City’s prior actions pertaining to ADUs:
• City adopts its first ADU/JADU Ordinance in July of 2019, Ordinance 2019-471. • AB 68, AB 670, AB 881, and SB 13 passed, which necessitated the City adopting Urgency Ordinance 2020-477 and Non-Urgency Ordinance 2020-478 in January of 2020. • City-initiated revisions, adopted as Urgency Ordinance 2020-481 in June 2020, later formalized in Non-Urgency Ordinance 2020-484 in September 2020 as, codified in Development Code Section 17.25.210.
• SB 897 makes additional changes to state law requiring adoption of Urgency Ordinance 2022-510 on November 7, 2022, immediately revising Development Code Section

17.25.210.

The Planning Commission held study sessions on February 1 and 15, 2023, and reached consensus and directed staff to make several changes to Development Code Section 17.25.210 as revised by the urgency ordinance. As discussed in the following paragraphs, changes were made where possible. Of primary importance is the need for the City’s ordinance to be consistent with State statute. Upon adoption, this ordinance must be submitted to the Department of Housing and Community Development (HCD) for review for compliance with State law. Any inconsistency between the City’s ordinance and the statute invalidates the whole ordinance. Therefore, only the necessary changes were made to the ordinance to avoid any provision that could be interpreted as is inconsistent with the state stature.

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CONSISTENCY ANALYSIS
General Plan
The project is consistent with several General Plan policies contained in the Land Use, Community Design, and Housing Elements as described in the table that follows.

GOAL,

PROGRAM,

OR POLICY

SUMMARY OR INTENT CONSISTENCY ANALYSIS
L 3
Provide housing opportunities to meet the longterm needs of permanent and part-time residents and all demographic and economic segments of
the population, while preserving the character and
integrity of residential neighborhoods
The ADU ordinance is consistent with
State law to provide long-term housing
that is affordable by design through small
unit sizes and expedited processing.

L 3.1a. Permit a range of residential densities and
housing types throughout the City.

The ADU ordinance allows both ADUs
and JADUs in addition to the primary
residence on a single-family residential
lot, and allows additional units on
multifamily lots pursuant to State law.

L 3.2a.

Ensure that residential development provides an
attractive living environment and creates longterm value for residents as well as the community; To the extent allowed by State law, the
ADU ordinance contains development
standards and objective design standards
that are comparable with the city’s existing
development standards in order to blend
ADUs into existing neighborhoods.

CD 3.1
The built environment should provide a visually
interesting and stimulating setting by using varied
physical forms and details, which contribute to Big
Bear Lake’s sense of place.

The objective design standards require an
ADU to match architectural materials and
design of the primary residence.

H 1.1
Ensure availability of adequate land capacity to
allow for different densities suitable for a variety of types of housing for all income levels, including
rental housing and manufactured housing.

The adoption of the ADU ordinance
provides for additional opportunities to
construct a variety of housing types,
including JADUs and attached and
detached ADUs.

H 3 Facilitate housing development with minimal
government constraints.

Under the provisions of the ADU
ordinance, approval of projects is a
ministerial action, without the need for a
land use entitlement or public hearing.

H2-E
Implement the ADU provisions of State law to
provide for affordable housing opportunities for
small families, elderly, employees, persons with
disabilities and single adults.

The ordinance implements the provisions
of State ADU law and provides for a
variety of JADU and ADU sizes and types,
which are affordable by design.

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Development Code Conformance
In accordance with Development Code Section 17.03.200.D, the Planning Commission must conduct a public hearing to consider an amendment to the Development Code. The Commission must determine whether the proposed amendment is consistent with all required findings and provide a recommendation to the City Council.

In the paragraphs that follow, staff provides a description of the ordinance language along with a discussion of the proposed changes that could, or could not be accommodated, to retain consistency with State law. Findings are contained at the conclusion of this discussion.

DISCUSSION

VACATION RENTALS
In February, the Planning Commission indicated interest to revisit and amend the Vacation Rental Ordinance as it relates to ADUs. Since that ordinance is not contained in the Development Code, but instead is under its own chapter of the Municipal Code, Chapter 4.01, the City Council would need to initiate such direction. Staff will present the Commission’s interest to the City Council, as follows:

By a consensus vote of 3: 2 with Commissioner Senft and LoGrande dissenting, the majority of the commission recommends that the City Council consider a revision to Municipal Code Chapter 4.01, pertaining to Vacation Rentals, to allow the primary residence to be a vacation rental on a property that also contains an ADU.

This action is not a part of this Development Code Amendment, but instead must be considered through a separate Municipal Code amendment and adoption of an ordinance.

ADU LEGISLATION
California law1 establishes “Building Permit Only” types of ADUs and JADUs on single-family and multifamily lots. Units complying with the State standards must be approved ministerially, with no discretion. The few State standards pertain to unit type, size, setbacks, and height. The City may not impose any additional requirements. Specifically, the City may not impose additional setback, lot coverage, open space, parking, or architectural requirements on Building Permit Only types of ADUs and JADUs. The standards for Building Permit Only types of ADUs and JADUs appear in Section 17.25.210(d)(1) of the proposed ordinance.

California law further establishes “ADU Permit” types of ADUs on single-family and multifamily lots. These types of units must also be approved ministerially, however the unit sizes can be larger than Building Permit Only types of ADUs and the City may impose additional standards on these types of units, limited to setback, lot coverage, minimum open space, parking, and design. 1 Government Code Sections 65852.2, 65852.22, 65852.23 and 65852.26 Development Code Amendment 2023-007 – ADU Ordinance Revisions Planning Commission Date: July 19, 2023

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The standards for ADU Permit types of ADUs appear in Section 17.25.210(d)(2) and 17.25.210(f) of the proposed ordinance.

Should an owner desire an ADU or JADU that exceeds standards of a Building Permit Only or ADU Permit type of unit, state law allows the City to require a Conditional Use Permit and discretionary review. This provision appears in Section 17.25.210(i) of the proposed ordinance.

Certain requirements apply to all types of ADUs and JADUs; these include zoning, unit height, fire sprinklers, rental term, separate sale, septic systems, owner occupancy, deed restriction, income reporting, fees, and Building Code compliance. These requirements are contained in Section 17.25.210(e) of the proposed ordinance.

AMENDMENTS TO DEVELOPMENT CODE SECTION 17.25.210
Several possible ordinance revisions were discussed during the February study sessions.

However, because of the strict language in State ADU law, the City Attorney’s Office has stated that not all changes discussed by the Planning Commission could be made.

The proposed ordinance changes are summarized, as follows:

1. Sections 17.25.210(b) and (c). These sections contain the Purpose, Effect of Conforming, and Definitions used on the ordinance. In order to conform to State statute, no changes are being made to these sections.

17.25.210(b)(1-4). Effect of Conforming. In accordance with Government Code Sections 65852.2 and 65852.22, ADUs and JADUs were established as legal accessory land uses and cities are prohibited from declaring them as inconsistent with their General Plans, zoning ordinances, density limits, or growth control regulations. Therefore, the Commission’s request to include “deemed to be inconsistent with the City’s General Plan regarding zoning designation” cannot be made as it narrows the scope of compliance with the General Plan and may be determined to be inconsistent with state law.

Section 17.25.210(c)(4)(B). This section pertains to the size of counters in an efficiency kitchen and the language comes directly from California Government Code Section 65852.22(a)(6)(B). The City Attorney’s Office has stated that “reasonable size” will be determined based on the size of the JADU and does not need further clarification in the ordinance, which could be determined inconsistent with state law.

2. Sections 17.25.210(d)(1)(B), (C), and (D). These sections apply to Building Permit Only types of ADUs over which the City has no discretion.

Section17.25.210(d)(1)(B)(iii) and (D)(ii). Building Height. The sections in question pertain to the allowable height of “Building Permit Only” types of ADUs. According to the City Attorney, the height limits are expressly stated in state law2 and must remain. Staff had 2 Government Code Section 65852.2(c)(1)(D)
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hoped to simplify the height requirements, however, to do so is inconsistent with State law.

Therefore, no change is proposed to this section.

Section 17.25.210(d)(1)(C). This section pertains to “Converted on Multifamily Lot” types of ADUs and allows additional converted ADUs up to a quantity equal to 25 percent of the existing multiple family dwelling units. The Planning Commission requested a clarification about rounding up or rounding down when calculating the number of converted units. State law does not give direction on this manner. So in practice, staff will round down, as is done for non-ADU units and as stated in Development Code Section 17.25.200. No changes are proposed in the ordinance.

3. Section 17.25.210(e)(2). This section pertains to the building height of both Building Permit Only and ADU Permit types of ADUs.

Section 17.25.210(e)(2)(A), (B), (C), and (D). As described above, this section contains the varying building heights for different ADU scenarios. Because this language comes directly from State law, no changes are proposed.

Section 17.25.210(e)(2)(E). This section contains new language to provide for taller detached and attached ADUs, than in A-D above, to allow ADUs to be built above detached and attached garages. As discussed in the study sessions, staff believes that it is acceptable to allow ADUs above garages, especially because of the City’s sloping topography that sometimes precludes construction on other portions of the lot. Staff believes that ADUs production may increase as a result of this section. The 30- and 40- foot heights are established standards for detached and attached accessory structures, respectively, in the residential zones (Development Code Table 17.25.050.A.) Because this section is more lenient than State standards, staff is hopeful that HCD will support this standard.

Section 17.25.210(e)(2)(F). This section states how building height is measured and is not contained in state law. The method established in the urgency ordinance differs from how the City of Big Bear Lake measures building height in Development Code 17.02.030, which establishes an average building height. The City’s method accounts for topographic variations of the land. It is recommended that the building height for ADUs be measured the same as all other buildings in the City, therefore a revision is proposed to this section.

Since the average height method is a more lenient measurement than absolute height, we hope that HCD will support this method.

4. Section 17.25.210(e)(4) Rental Term. This section pertains to the rental term of an ADU or JADU. The City Attorney requests that the language be changed to be consistent with state law that reads “the rental term of ADUs and JADUs shall be longer than 30 days.”

5. Section 17.25.210(e)(7) Owner Occupancy. State law contains the term “owner occupancy”.

The adopted urgency ordinance narrowly defines owner occupancy to be a person’s permanent residence. Prior ADU ordinances established a broader definition of “owner occupancy” to include an owner who is a permanent resident, seasonal, or second- Development Code Amendment 2023-007 – ADU Ordinance Revisions Planning Commission Date: July 19, 2023

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homeowner, which better reflects the demographics of our community. Therefore, this section is proposed to be revised to reflect the City’s unique types of homeownership.

6. Section 17.25.210(8) Deed Restriction. At the request of the Planning Commission, staff consulted the City Attorney to find out if any document, other than a deed restriction, could be used to inform future land owners of certain state law restrictions on ADUs and JADUs (e.g. separate sale of unit, size restrictions, and rental term). With respect to JADUs, state law requires the recordation of a deed restriction, therefore this requirement cannot be removed. [GC 65852.22(a)(3)] With respect to ADUs, it is the opinion of the City Attorney that no other document can be recorded on title to inform future land owners of the state law restrictions on ADUs, except for a deed restriction. Therefore, no changes to this section are proposed.

7. Section 17.25.210(9) Income Reporting. The urgency ordinance established a cumbersome anniversary for the reporting of monthly rents - “90 days after each yearly anniversary of the issuance of the building permit”. Staff proposes to simplify compliance with this requirement to a certain date, specifically January 31 of each calendar year.

8. Section 17.25.210(10) Building & Safety. This regulation is contained in state law [GC 65852.2(a)(1)(D)(viii)] and no changes are proposed to the existing language. However, the Planning Commission requested clarification on this section. This section specifies that the construction of an ADU and/or JADU does not change the occupancy classification of the primary residence under the building code. For example, a primary single family residence containing an ADU and a JADU is considered a Residential Group R-3 occupancy – Singlefamily residence (not to be confused with R-3 zoning). The creation of the additional accessory units must not elevate the occupancy classification to a higher occupancy group, such as Groups R-1 or R-2, which include hotels, motels, apartments, dormitories, congregate care facilities, etc. (not to be confused with R-1 or R-2 zoning).

9. Section 17.25.210(f). Subsection (f) requirements apply to only those ADUs requiring an ADU Permit. State law allows cities to adopt development standards (e.g. setbacks, lot coverage, open space, and architectural requirements) and therefore, the City has slightly more discretion over these units. Several changes are proposed to the ordinance language to align the regulations with the current residential development standards.

Section 17.25.210(f)(1)(C). Yielding of Development Standards. This section is a key provision in ADU law. The list of development standards that must “yield” in order to build an ADU of at least 800 square feet comes directly from the State statutes. In order to be consistent with the State law, no changes are proposed to this section. However, a specific FAR provision for ADUs contained in the urgency ordinance as Section 17.25.210(f)(2) is proposed to be eliminated because FAR requirements were eliminated in all zones of the City by the adoption of Ordinance 2021-494; therefore, this section is proposed to be eliminated to remove a FAR requirement from the ADU standards.

Section 17.25.210(f)(2)(A) Setbacks. The urgency ordinance established a 25-foot front setback requirement. This requirement differs from and is in excess of the City’s current minimum setback requirements. The revision proposes to align the front building setback Development Code Amendment 2023-007 – ADU Ordinance Revisions Planning Commission Date: July 19, 2023

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requirement to be the same as the existing Development Code requirements of 15 feet for properties abutting streets with a right-of-way of 40 feet or more (standard streets) and a 20-foot setback from any public right-of-way with a width of less than 40 feet (substandard streets).

Section 17.25.210(f)(3) Lot Coverage. The urgency ordinance established a maximum lot coverage of 50%. This standard differs from the existing Development Code requirements in Table 17.25.050.A. of 40% maximum lot coverage on a single-family residential lot and 60% maximum lot coverage on a multifamily residential lot. Staff recommends a revision to align the lot coverage requirement with the established standards.

Section 17.25.210(f)(4) Minimum Open Space. The urgency ordinance established a minimum open space requirement of 50%. There is no minimum open space requirement in the R-L and R-1 zones in the current Development Code. A 35% open space requirement is required on a multifamily lot. Staff recommends a revision to the minimum open space language to align with the current Development Code regulations.

Section 17.25.210(f)(6)(A) Parking. The urgency ordinance did not specify paved parking nor minimum parking space dimensions. To add clarity to this section, staff recommends revisions to include paved parking and a minimum dimension of a parking stall of 9 feet wide by 19 feet deep. Staff believes this revision is important since no other sections of the Development Code can be applied to ADUs other than those regulations specifically contained in the ADU ordinance.

Section 17.25.210(f)(7)(A-D) Architectural Requirements. State law allows the city to impose only objective design standards on ADUs, which require no opinion or discretion.

Unfortunately, several commonly used terms to describe desired architectural elements, such as earth tone, natural shades, wood-appearing, heavy timber, natural stone and decorative masonry are not objective. Therefore, staff is retaining the urgency ordinance language pertaining to materials, colors, and appearance of ADUs, simply saying that these shall match the primary dwelling. However, the ordinance may require eave overhangs, minimum roof pitch, and nonflammable roof materials, and prohibit wood shake roofs as objective design standards. Regulations on exterior lighting are also objective and are included in the draft ordinance.

During the study sessions, the interior dimension and window line of sight requirements in the urgency ordinance were determined to be unnecessary by the Planning Commission and are proposed to be eliminated from this non-urgency ordinance.

Regulations pertaining to Landscape Requirements and Historic Protections are being removed from the proposed ordinance. Landscaping requirements are not currently required in the single-family residential zones and were not recommended to be required of ADUs. During the study sessions, staff and the Planning Commission agreed that there is no desire to restrict the location of ADUs based on the proximity to a resource listed in the California Register of Historic Resources
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10.Section 17.25.210(g)(1) Impact Fees. The regulations pertaining to the collection of impact fees come directly from state law. [GC 65852.22(f)(1) et. seq.] The Planning Commission expressed interest in changing the size threshold for collecting impacts fees from 750 sf to 800 sf. However, to do so may cause inconsistencies with the several state codes listed in this section. Therefore, no changes are proposed to this section.

11.Section 17.25.210(h) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. SB 987 proposed several of the requirements contained in this section which restrict the city’s ability to deny certain ADUs. These requirements are now codified in State law (GC 65852.23). No changes are proposed to this section.

FINDINGS
The Planning Commission specifically finds, pursuant to §17.03.200, et.al that the following circumstances exist:

The amendment is consistent with goals, policies, and programs of the 2021- 2029 Housing Element, specifically Goal H 1 and Program H1–B to provide adequate sites for a variety of housing types and Goal H2 to encourage and support development of adequate housing to meet the needs of low- and moderate-income households through Policy H2.3 to provide regulatory concessions and incentives for the development of affordable housing and Program H2-E to allow larger ADUs and provide incentives to encourage the production of ADUs.

2. The proposed Development Code amendment is necessary to implement the General Plan and to provide for public safety convenience and/or general welfare because the provisions of California Government Code Sections 65852.2 and 65852.22 do not represent the overall goals and policies of the City of Big Bear Lake General Plan. The state law is general in nature and applies to all cities in California. Big Bear Lake is unique because of our terrain, elevation, population and weather. Modifications to the state standards are necessary to implement the City’s General Plan goals, policies, and programs and to provide public safety and the overall general welfare of our citizens.

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3. The proposed Development Code amendment conforms to the intent of the Development Code and is consistent with all other related provisions thereof because the appropriate single-family and multifamily residential development standards are included in the ADU ordinance to the extent allowed under state law in order to maintain health, safety and welfare for our citizens. These requirements include front building setbacks, maximum lot coverage, minimum open space, maximum building height, minimum parking space sizes, and minimum architectural standards to expedite review and integrate ADUs and JADUs into our residential neighborhoods.

4. The proposed Development Code amendment is reasonable and beneficial at this time because the proposed amendment and more clearly brings the City’s regulations into compliance with the state laws governing ADUs and JADUs contained in Government Code Sections 65852.2 & 65852.22, as amended by Senate Bill 897 (2022).

ENVIRONMENTAL DETERMINATION
This project has been evaluated for compliance with the California Environmental Quality Act (CEQA). The Application is statutorily exempt under California Code of Regulations Section 15282(h) specifically that CEQA does not apply to the adoption of an ordinance implementing the provisions of 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 pursuant to Section 15303, Class 3 of CEQA Guidelines.

PUBLIC OUTREACH & INPUT
Public notice regarding this Development Code Amendment was published in The Grizzly newspaper on July 6, 2023. In addition, this notice was posted in three public places a minimum of 10 days prior to the hearing date. The notice was also placed on the City’s website, www.citybigbearlake.com. This notification was made in order to give the general public an opportunity to comment on the project. No public inquiries were received in response to this notification.

RECOMMENDED ACTION
Upon review of this report, staff recommends that the Commission hold a public hearing and take public testimony. At the conclusion of the public hearing, staff recommends that the Planning Commission adopt a resolution recommending that the City Council approve Development Code Amendment 2023-007 finding the amendment statutorily and categorically exempt from the California Environmental Quality Act and amending Development Code Section 17.25.210 pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Attachments:

1. Planning Commission Resolution 2023-xxx

2. Notice of Exemption

MEETING
DATE: August 9, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sue O’Strander, AICP, Director of Community & Economic Development SUBJECT: Resolution Authorizing a Professional Services Agreement with Mintier Harnish for Updates to the General Plan and Title 16 and Title 17 of the Municipal Code

BACKGROUND
On October 18, 2021, the City Council discussed the need for and the approach to update or revise the General Plan. Several options were presented, ranging from an element-by-element clean-up to a new comprehensive plan. At that time, staff had roughly estimated a comprehensively new general plan to cost between $1.5-2 million and take 3-6 years to complete. The City Council directed staff to initiate a community visioning effort, which would be followed immediately with the appropriate general plan process. At that meeting, the City Council also provided initial input on the General Plan Advisory Committee (GPAC) composition. For reference, the October 18, 2021 agenda report is included as Attachment 1.

In January 2023, the Community Visioning effort kicked-off, and to date, much outreach and input from community stakeholders has been received and documented. The visioning process will conclude in the Fall. Through these early engagements, it became clear that a new or updated comprehensive general plan would best serve the community for the next 20 year period.

GENERAL PLAN CONSULTANT
To ensure the Community Visioning expeditiously dovetails into a general plan process, staff issued a Request for Proposals (RFP) on April 6, 2023 for comprehensive updates to the General Plan, Title 16 (Subdivision) and Title 17 (Development Code) of the Municipal Code. As part of the RFP, consultants were apprised that environmental analysis for the general plan is expected to support streamlining permit processes for future economic development opportunities. Proposals were accepted until 3:00 p.m. on May 23, 2023. These were evaluated and rated base on:
• Relevant work experience and qualifications of project team; • Overall project approach and scope;
• Anticipated scheduling and timing to complete tasks; and • Cost-effectiveness of proposal.

Item 3.1
Relevant work experience and qualifications of project team Mintier Harnish is a consulting firm that specializes in preparing general plans. Established in 1985, they have completed more than 65 general plans, 80 housing elements, and 20 zoning code updates. Their approach to Big Bear Lake’s General Plan includes assembling a highly qualified team to systematically identify and address the community needs and goals. Mintier Harnish has successfully completed work in other communities with similar land use conditions and economic drivers (e.g. cities of Shasta Lake, Susanville, and South Lake Tahoe; and counties of Ventura, Trinity, Del Norte, El Dorado, Mariposa, Madera, Kern, Siskiyou, Lake, and Modoc). The Big Bear Lake team would include Rincon Consultants (for environmental assessment, preparation of the Safety Element and a climate vulnerability assessment), DKS Associates (for community engagement transition, transportation planning, and preparation of the Circulation Element), and UrbanGreen (to facilitate planning and design charettes with community stakeholders).

Overall project approach and scope
Mintier Harnish understands the City’s desire for a comprehensively updated or new General Plan document to guide the community over the next 20 year period. The team is also poised to update Municipal Code sections pertaining to land use and subdivisions to effectively and efficiently implement the General Plan. Their overall approach proposes to:
• Conduct a thorough background research to incorporate an accurate baseline, which will serve as an appendix to the General Plan
• Prepare a contemporary General Plan document, that builds from the Community Vision Statement and utilizes comments received throughout the Community Vision process • Perform all work in a timely manner
• Conduct extensive community engagement in various settings • Prepare a programmatic environmental impact report to streamline future environmental reviews for development proposals
• Update Titles 16 and 17 of the Municipal Code to implement the General Plan and align with State laws
The proposed Work Plan (attachment 2) includes 27 separate opportunities to further engage with the community. These include GPAC meetings, community workshops, design charettes, Planning Commission and City Council meetings, including joint Planning Commission/City Council study sessions. The Mintier Harnish team understands the importance of in-person meetings, and have proposed all 27 engagements to include onsite consultant attendance.

In addition to the many in-person forums, Mintier Harnish proposes many pathways to ensure a transparent process including regular updates on a dedicated webpage, outreach through an interested parties list, and a periodic newsletter to apprise interested parties of the process. The resulting General Plan will be user-friendly and also include a clear actionable program, with measurable indicators for successful implementation. As such, the community can expect a longlasting General Plan with policies and programs that can address needs in a changing environment.

Anticipated scheduling and timing to complete tasks
The proposed timeline anticipates approximately a three-year period, from start to finish, with project initiation immediately upon selection to ensure no lost momentum from the Community Visioning effort. This schedule would initiate by October 2023, and conclude November 2026.

Cost-effectiveness of proposal
Mintier Harnish provided a cost estimate that details the assigned staff member, including subconsultants, with each task for the duration of the three-year project. The proposed cost of $1,542,719 includes all tasks, activities, and deliverables as described in the proposed Work Plan.

The project includes various phases, as identified in the schedule, shown above.

Mintier Harnish submitted the most qualified response to the City’s RFP, and the Work Plan addresses community expectations for a robust, transparent, and successful general plan process.

The Municipal Code updates will ensure prompt implementation of the new General Plan policies.

GENERAL PLAN ADVISORY COMMITTEE (GPAC)
In October 2021, the City Council provided initial input on the GPAC membership. The City Council discussed the importance to include Big Bear Lake residents, and to include a broad range of community stakeholders. At that meeting, the preliminary GPAC comprised:
2 City Council members, appointed by the Mayor to serve as chair and vice-chair 1 Planning Commissioner, appointed by Commission Chair
1 Big Bear Chamber of Commerce Board appointee
1 Village Business Association Board appointee
1 Big Bear Municipal Water District Board appointee
1 Bear Valley Community Hospital Board appointee
1 Bear Valley Unified School District Board appointee
1 Visit Big Bear Board appointee
1 Big Bear Mountain Resorts appointee
1 additional business owner *
1 builder or developer representative *
1 environmental/natural resource advocate representative * 1 youth or youth advocate representative *
3 full-time residents, at large *
2 part-time residents, at large *
Of the 19 GPAC members, 10 would be appointed by their associated boards and the 9 identified with an asterisk (*), would be filled through an application process.

GPAC Membership Adjustments
Before staff reaches out to the community for GPAC representatives, City Council is requested to review the GPAC membership. It has been two years since the GPAC was first considered, and staff recommends some refinements to the original list, as described below:

1. The Village Business Association no longer exists. Instead, staff recommends the number of “business owner” representatives be increase to two. Ideally, one from the Village, and one on the west-side of town.

2. A U.S. Forest Service representative would ideally serve as the “environmental/natural resource advocate”. However, should the U.S. Forest Service decline the invitation, staff would recommend that the seat be adjusted to include a 3rd business owner, perhaps ideally from the east-side of town.

3. The Big Bear Association of Realtors represents property owners and investment opportunities throughout the Big Bear Valley and would provide a broader viewpoint as the “builder or developer representative”.

4. The Big Bear Lake Interact Club comprises many high school students, and staff recommends a high school representative from that group be appointed to serve as the “youth or youth advocate representative”.

5. Visit Big Bear focuses on encouraging and supporting tourism and recreation, staff recommends combing the Visit Big Bear and Big Bear Mountain Resorts spots and request the Board identify two representatives from their Board or membership, one for visitor lodging and one for recreation.

6. Ideally, the 3 full-time residents would be appointed to represent the west, east, and central areas of the City (rather than “at large”).

7. In recognition that Councilmembers have many important commitments, including other Boards and committees, staff recommends that the Mayor appoint one City Council member to serve as GPAC Chair, and one Planning Commission member to serve as GPAC Vice-Chair.

8. Should the part-time resident seats be difficult to fill, staff recommends these be removed, and replaced with an “at large” seat as needed to ensure an odd number of GPAC members.

Previously, the City Council indicated a desire that the GPAC include as many stakeholders as possible. While it is not practical or feasible to include representatives from every potential stakeholder group, it is important that the GPAC include the key stakeholders as it relates to the City’s future growth and development As mentioned above, the process includes many opportunities at various forums (i.e. GPAC, workshops, Planning Commission, City Council) and other methods (i.e. webpage, correspondence, etc.) throughout the process for participation.

The proposed adjustments are intended to increase community acceptance, willingness, and commitment to the general plan process. The committee composition results in a total of 17 GPAC members, with about six seats filled through an application process. The non-applicant seats will be filled, as noted. For example, “Board appointees” should be a current Board member who would best serve the interests of that particular Board. In addition, staff seeks to fill these seats as soon as possible, so some flexibility in the membership, as noted, helps to make the process more efficient, thereby not delaying the kick-off for the general plan effort. The following summarizes the revised GPAC representatives, for Council consideration:
1 City Council member, appointed by the Mayor to serve as chair 1 Planning Commissioner, appointed by Commission Chair to serve as vice-chair 1 Big Bear Chamber of Commerce, Board appointee
1 Big Bear Municipal Water District, Board appointee
1 Bear Valley Community Hospital, Board appointee
1 Bear Valley Unified School District, Board appointee
2 Visit Big Bear, Board or membership appointees, one lodging, and one recreation 1 Big Bear Association of Realtors, Board appointee
1 Youth or youth advocate representative, appointed by Big Bear Lake Interact Club 1 U.S. Forest Service representative designee (Alternatively, an east-side business *) 2 business owners, one in the Village, one west-side *
3 full-time residents, one west-side, one in central or Village area, and one east-side * 1 At large * (as needed to ensure odd number of GPAC members) Based on the General Plan schedule, the GPAC members would be expected to serve for about two years, starting as early as this Fall.

Upon approval, or as modified by the City Council, staff would initiate the process to fill the GPAC seats. Staff would contact the stakeholder Boards and agencies to request a Board appointed representative. For the remaining seats, staff would initiate the process to advertise and collect applications for qualifying community members to serve on the GPAC. The City Council would conduct a special meeting to interview and appoint the selected applicants.

FISCAL IMPACT
The proposed agreement with Mintier Harnish includes a not-to-exceed cost of $1,542,719. In anticipation of this project, $600,000 has already been set aside as part of the adopted Fiscal Year (FY) 2022-2023 and FY 2023-2024 budgets. The remaining amount of $942,719 would be identified in future budgets for FY 2024-2025 and FY 2025-2026.

ENVIRONMENTAL CONSIDERATIONS
Under section 15378 of the California Environmental Quality Act (CEQA) Guidelines, this is not a project, and, therefore, no environmental review is required.

CONSIDERATION OF STRATEGIC PRIORITIES
This project aligns with the City Council’s Strategic Priority no. 5: “preserve and protect the quality of life for the residents ant the businesses, while maintaining a balance with the environment to foster a sustainable economic base.”

RECOMMENDED ACTIONS
It is recommended that the City Council:

1. Adopt the attached resolution (attachment 3) entitled: Resolution Authorizing a Professional Services Agreement with Mintier Harnish for Updates to the General Plan and Title 16 and Title 17 of the Municipal Code; and

2. Consider the recommended revisions to the composition of the General Plan Advisory Committee, and provide direction to staff as appropriate.

Attachments:

1. City Council Agenda Report, dated October 18, 2021 (without attachments)

2. City of Big Bear Lake General Plan Update Work Plan, by Mintier Harnish

3. Resolution No. 2023-XX

MEETING
DATE:

TO:

THROUGH:

FROM:

SUBJECT:

CITY OF

BIG BEAR LAKE
October I 8, 2021
Honorable Mayor and Members of the City Council
Frank A. Rush, Jr., City Manager
Sue O'Strander, ATCP, Director of Community Development Community Comprehensive Planning Process

BACKGROUND
On September 20, 2021, the City Council considered a community visioning process to kick-off the next comprehensive planning effo1t. It has been more than 20 years since the City unde1took this process, when the General Plan was last adopted in 1999. The make-up of the community has changed since the 1990s, and it would be appropriate to initiate outreach with community stakeholders to reassess expectations as to Big Bear Lake's identity and future goals.

The City Council stated it is impo1tant to build community consensus to establish a foundation for the City's policies and goals for the next 20-year period. Therefore, staff was directed to schedule a workshop for more focused conversations on this topic.

This workshop will facilitate discussion on an approach for the next update to the General Plan.

City Council is asked to provide direction to staff regarding the process, scope, and time frame for a comprehensive plan update.

DISCUSSION
What is a Comprehensive/General Plan?
California law requires each city and county within the state "adopt a comprehensive, long-term general plan for the physical development" of the community and to update it periodically. The various sections or elements of the general plan must present an integrated, internally consistent set of policies, which serve as the foundation and framework for making informed decisions about all aspects of the City's future. The required components of the general plan include:

General Plan Elements, per Gov. Code § 65302 City of Big Bear Lake, Equivalent Elements Land Use Element (required) Land Use Element
Circulation Element (required) Circulation Element
Housing Element (required) Housing Element
Conservation Element (required) Environmental Resources Element {biological, cultural, water, air, energy and
mineral resources)
Public Services and Facilities Element
(wastewater, other utilities and services)
Item 3.1 - Attachment 1

City of Big Bear Lake General Plan Update
Work Plan
Phase 1: Ini�ate
Task 1.1: Request for Informa�on (RFI)
The Consultant will provide a Request for Informa�on (RFI) to City staff in advance of the kick-off mee�ng. The RFI will include data necessary for the Consultant team to prepare the Exis�ng Condi�ons and Trends Workbook and Program EIR. The Consultant will discuss the RFI at the kick-off mee�ng and iden�fy the addi�onal research, data collec�on, and growth and economic trend analysis tasks necessary to complete the Exis�ng Condi�ons and Trends Workbook, General Plan Update, PEIR, and subsequent Zoning Code Update.

Task 1.2: Kick-Off Mee�ng and City Tour
The Consultant and City staff will hold a kick-off mee�ng at the outset of the General Plan and Zoning Update to accomplish the following:
• Review the work scope and schedule.
• Establish communica�on protocols, including monthly status repor�ng, project status coordina�on calls, and conference call/online call protocols. • Determine a typical review schedule needed by City staff for dra� work products. • Review and discuss overall organiza�on of the General Plan. • Review the City Council’s Strategic Plan and Goals.
• Discuss the results of the visioning process, community engagement strategy, City staff and consultant roles and responsibili�es, and confirma�on of the Council appointed 19 member GPAC.
• Iden�fy informa�onal sources and available GIS mapping data, including its level of accuracy, status, and most recent updates.
• Discuss the status of exis�ng development projects and other planning efforts the City is currently undertaking.
• Determine consulta�on and coordina�on with appropriate governmental agencies.

Following this mee�ng, the Consultant will tour the city with City staff to examine key issue and opportunity sites that will be addressed in the General Plan and Zoning Code Updates.

Task 1.3: General Plan Website and Branding
The Consultant will create and host a project specific website and project branding unique to this effort and the City of Big Bear Lake. There are two op�ons for the City’s considera�on. The first op�on is to build upon the exis�ng Community Visioning Update website (htps://www.bigbearlakevision.com), which will include the development of new site-specific pages to cover the General Plan and Zoning Code Updates. The second op�on is to create a new stand-alone General Plan and Zoning Code Update website that can either link back to the visioning process or carryover all exis�ng items from the Item 3.1 - Attachment 2
visioning website. The Consultant will discuss these op�ons in further detail during the kick-off mee�ng if selected for the project. The Consultant will maintain the current brand and logo scheme adopted as part of the ongoing Community Visioning process, since the City has gone to great lengths in crea�ng a recognizable brand that the Consultant believe should con�nue as part of this next planning effort.

Regardless of which website op�on is selected, the project website will link directly to the City’s website, and others as appropriate. The site at a minimum will include the following:
• Project informa�on and overview and purpose of the General Plan Update process • Lis�ng of all mee�ngs
• All presenta�ons and materials produced for public mee�ngs and workshops • Fact sheets regarding the process
• All dra�s and materials produced for the General Plan and Zoning Code updates • Library with all relevant documents
• Online surveys
• Social pinpoint (interac�ve online comment capture and community conversa�on board) • Forms for comment/ques�ons
• eNews sign-ups
Task 1.4: Newsleter #1: General Plan and Zoning Code Update Overview The Consultant will prepare a newsleter that describes what a general plan is, how and why it is being revised, the project schedule, and how the public can par�cipate. It will also describe the Zoning Code Update. The newsleter will be used to promote online engagement opportuni�es and upcoming workshops in later phases.

Task 1.5: All-hands Kick-off Study Session
Given the significance of the General Plan and Zoning Code Updates, it will be important for the City Council, Planning Commission, and GPAC to meet the Consultant early in the project and to have a clear understanding of what to expect during the process. The Consultant will facilitate an all-hands study session with key City staff, City Council members, Planning Commissioners, and GPAC members. The Consultant suggests invi�ng other relevant City commission and commitee members. This study session will provide a common understanding of the need for and purpose of the General Plan and Zoning Code Updates, the key steps in the process, community engagement, legisla�ve mandates, and contemporary planning issues. The Consultant will facilitate a discussion on the major issues facing Big Bear Lake, feedback from the community visioning process, and solicit feedback on the several topical areas of the General Plan. The study session will be widely publicized and open to interested community members.

The Consultant will post the presenta�on, support materials, and results on the project website.

Deliverables
• Request for Informa�on (digital version, Word and Excel) • Kick-off mee�ng materials (digital version, Word, PDF, PowerPoint) • General Plan website and branding (digital version)
• Newsleter #1: General Plan and Zoning Code Update Overview (100 hard copies, digital version, PDF)
• Long-term and short-term (six month) schedules (digital version, Excel and PDF) • All hands kick-off presenta�on and materials (digital version, PowerPoint) Phase 2: Research
Task 2.1: Exis�ng Data Collec�on and Compila�on
Knowledge of exis�ng condi�ons within Big Bear Lake will provide the Consultant and the community with a more thorough understanding of what has changed since the last General Plan was prepared and the trends that will shape the community’s future. At the beginning of the Update process, and prior to ini�a�on of public engagement, the Consultant will prepare an RFI (Task 1.1), which will list the data items typically collected from a community for a general plan update. The Consultant will ini�ally collect as much of this informa�on as possible from online resources. The items requested (including na�ve format files whenever possible) typically include the following:
• Applicable plans, studies, and analysis documents that currently exist within the various departments in the City that pertain to the General Plan including:
o 1999 General Plan
o Village Specific Plan
o Transporta�on plans and traffic data
o Hazard Mi�ga�on Plan
o Parks, open space, trails, and recrea�on plans
• Current City planning and development efforts
• Municipal Code
• Applicable plans, studies, and analysis documents concerning infrastructure and u�li�es • Any other per�nent informa�on, documents, plans, and other items iden�fied by City staff The Consultant will use and rely upon these exis�ng resources during the prepara�on of the General Plan, Zoning Code, and PEIR. The informa�on collected from the City and other en��es will be supplemented with data collected by the Consultant.

Task 2.2: Assemble GIS Data and Prepare Base Map
The Consultant will work with the City to obtain exis�ng City and County GIS data and review City mapping protocols and requirements. The Consultant will prepare base maps for reports and display presenta�on, including establishing a uniform legend and �tle block for use on all maps prepared. The Consultant will prepare all GIS data and mapping for the General Plan Update consistent with City protocols and data formats to ensure easy integra�on into the City’s informa�on system. At the conclusion of the project, the Consultant will provide to the City all original data as well as project specific data layers modified or created by the Consultant as part of this project.

Task 2.3: General Plan Audit
The Consultant will work with City staff to evaluate the 1999 General Plan to determine what works, what does not work, and where the General Plan does not provide adequate or current guidance. This will be done using the Consultant’s proprietary General Plan Audit Tool. This tool will help City staff gain insights on the exis�ng General Plan clarity, linkages to other plans, progress in achieving desired outcomes, and whether goals, policies, and programs should be carried forward, modified, or removed.

The evalua�on will address the following ques�ons:
• Comple�on. Has a policy or program been achieved or carried out? • Clarity. Is the policy or program language clear and easily interpreted? • Progress. Can policy or program implementa�on be easily monitored? • Outcome. Did the policy or program result in the desired outcome and achieve the vision or goals of the General Plan.
• Con�nua�on. Is the goal, policy, or program s�ll relevant and being carried forward into the updated General Plan?
• Current. Does the goal, policy, or program adequately address current issues? • Modifica�on. How should the goal, policy, or program be modified to provide beter direc�on or address current issues and trends?
Task 2.4: GPAC Mee�ng #1: Organiza�on and Issues Iden�fica�on The Consultant will facilitate the first mee�ng of the GPAC. The Consultant will first present and get consensus on the overall GPAC mee�ng format, rules, and opera�ng procedures. The Consultant will also ask the GPAC members to iden�fy key issues they feel should be addressed during the General Plan and Zoning Code Updates.

Task 2.5: Exis�ng Condi�ons Evalua�on
The Consultant will collect, research, and assess exis�ng condi�ons and trends for the topics described below. As described earlier, the Consultant will present a summary of key informa�on in the Exis�ng Condi�ons and Trends Workbook (Task 2.6) while the full data assessment will be included in the PEIR during Phase 5.

Land Use and Community Design. The Consultant will analyze the exis�ng General Plan land uses and other adopted plans that affect development in Big Bear Lake. The Consultant will map and analyze exis�ng land uses based on available GIS and/or Assessor’s data and iden�fy opportuni�es and constraints for future development and reuse. The Consultant will also describe regional planning efforts affec�ng the city. The Consultant will also describe the community character of Big Bear Lake neighborhoods and the design characteris�cs of each.

Popula�on, Employment, and Housing. The Consultant will collect and summarize historical, current, and projected popula�on, employment, and housing characteris�cs in the city. The Consultant will work the Southern California Associa�on of Governments (SCAG) to obtain the most current demographic and housing data, including US Census data, and data available from the California Department of Finance.

The intent of this sec�on is to also build upon the adopted/cer�fied 2021-2029 Housing Element background informa�on, providing a direct link between both documents.

Mobility. The Consultant will examine transporta�on and mobility in the city. The Consultant will cover key topics including exis�ng roadway facili�es, safety, traffic level-of-service (LOS) at key intersec�ons and roadway segments, current General Plan, and the opera�ve legisla�ve framework under which this Transporta�on and Mobility Element update will be developed (i.e., SB 743, AB 32, AB 1358, etc.).

Although VMT will be the new metric for iden�fying CEQA impacts the Consultant will describe the current status and future needs of the following transporta�on sub-systems:
• Roadways, including roadways of all func�onal classifica�ons and designa�ons; • Transit services, including local and regional services; • Railway facili�es;
• Pedestrian and bicycle facili�es;
• Goods movement (truck, rail, and air freight);
• Avia�on Facili�es
• Transporta�on coordina�on with land use; and,
• Transporta�on demand management/transporta�on system management Biological Resources. The Consultant will compile data on sensi�ve habitats, principal vegeta�on cover types, and special-status and endangered species. This will include primary source material from the local and regional habitat plans, supplemented with limited windshield surveys and review of exis�ng biology studies completed for the City.

Cultural Resources. The Consultant will compile data on historic structures and loca�ons and conduct an archeological sensi�vity analysis for both prehistoric and historic sites using records maintained at the regional informa�on center and published in research papers. The Consultant will ensure that appropriate individuals are contacted with the surrounding Na�ve American Tribes to ensure sensi�ve cultural resources are documented appropriately consistent with recent State mandates (AB 52, SB 18).

Economics. The Consultant will update and summarize the city’s economic and market data using previous data and research compiled by the City’s Economic Development consultant. The Update will cover key demographic, economic, and real estate factors affec�ng the city and its role in the broader region. The Consultant will iden�fy the strengths of the local economy, key compe��ve atributes and posi�oning, and challenges and opportuni�es related to an economy heavily reliant on tourism.

Public Facili�es, Services, and Infrastructure. The Consultant will compile data on infrastructure, resources, services, and facili�es related to water supply and delivery, wastewater collec�on and disposal, stormwater drainage, solid waste and recycling, energy and telecommunica�ons, law enforcement, fire protec�on, health care, educa�on, and government services. The Consultant will also assess if the General Plan must include informa�on related to recent State mandates that require ci�es to iden�fy service needs for unincorporated disadvantaged communi�es (SB 244).

Noise. The Consultant will review exis�ng noise data, including recent EIRs and studies, and summarizes the exis�ng noise environment in Big Bear Lake resul�ng from major roadways and highways and sta�onary noise sources and ac�vi�es. The Consultant will also document exis�ng noise-sensi�ve areas and sites. The Consultant will also summarize current informa�on on ground vibra�on.

Air Quality. The Consultant will compile data on exis�ng air quality condi�ons within Big Bear Lake and the nearby vicinity. This will specifically include the loca�on of exis�ng sensi�ve receptors and emission sources, exis�ng mass emissions, ambient air quality concentra�on data from the most applicable monitoring sta�on(s), atainment designa�ons, and natural factors that relate to the transport and dispersion of air pollutants.

Climate Change. The Consultant will prepare a climate change sec�on that includes a discussion of climate change and how the General Plan Update will address this issue, including both the reduc�on of GHG emissions and climate change vulnerability and adapta�on. The report will briefly summarize relevant background informa�on regarding these topics and lay out a framework for the General Plan Update to address climate change.

Hazards and Safety (including crime and avia�on). The Consultant will compile data on exis�ng natural and manmade hazards. As part of this evalua�on, the Consultant will summarize the geological environment and associated hazards. This sec�on will address Seismic Hazard Zones and soil strength proper�es. The Consultant will summarize the latest FEMA floodplain mapping to illustrate poten�al safety and development constraints. The Consultant will summarize urban and wildland fire risks, fire hazard risk areas, and fire protec�on resources. The Consultant will also describe major users and producers of hazardous materials within or adjacent to the city.

Hydrology and Water Quality. The Consultant will summarize sources of groundwater and surface water, water consump�on rates, measures used to conserve water, and renewable water facili�es and resources. This sec�on will document poten�al pollu�on sources, areas suscep�ble to water quality degrada�on, and source issues and capacity constraints.

Social and Environmental Jus�ce. The Consultant will prepare a sec�on that provides a background on social and environmental jus�ce. The discussion will focus on exposure to environmental hazards, healthy and affordable housing, access to job markets, access to health care and healthy foods, community equality, and community empowerment.

Task 2.6: Exis�ng Condi�ons and Trends Workbook
The Consultant will prepare an Exis�ng Condi�ons and Trends Workbook. The Workbook will be writen in an engaging way to tell a thought-provoking story of Big Bear Lake – where it has been, where it is today, and the trends that will shape its future. The Workbook will be highly graphical, using infographics, charts, maps, and photographs combined with storytelling techniques with Adobe InDesign. While the content will largely depend on the direc�on provided by City staff, decision makers, and the community during the ini�al outreach efforts, the Consultant assume the Workbook, at a minimum, will cover the following topics:
• Purpose of the General Plan Update.
• Loca�on and geographic boundary descrip�on, including the regional se�ng, and local planning boundaries (i.e., Sphere of Influence, and city limits). • A descrip�on of the city’s history, including a graphic �meline of significant events, places, and people in Big Bear Lake’s past.
• A descrip�on of what has changed since Big Bear Lake last comprehensively updated its General Plan in 1999, including local trends as well as na�onal and global trends that have shaped our lives and will con�nue to shape the future (e.g., the internet, social networking, online shopping, car sharing, self-driving cars, sustainable communi�es ini�a�ves). • A snapshot of current condi�ons and trends, including a demographic profile, housing characteris�cs, economic and market condi�ons, transporta�on infrastructure and travel paterns, health and environmental jus�ce, climate change and adapta�on, community design and character descrip�on, and popula�on and development trends. • A descrip�on of quality-of-life characteris�cs, including parks and open space, arts and culture, and public realm improvements that have made Big Bear Lake an excep�onal place to live.

This task includes prepara�on of an ini�al outline, an administra�ve dra� for City staff review, a preliminary public review dra� for GPAC review, and a final dra� that incorporates edits following one round of review by City staff.

Task 2.7: Climate Change Vulnerability Assessment
In accordance with California Government Code 65302(g) and SB 379, the Consultant will complete a Climate Vulnerability Assessment which will detail the an�cipated climate impacts in Big Bear Lake, such as increases in temperature, more intense and frequent extreme heat events, more intense and frequent drought, higher frequency of catastrophic floods, more extreme winter storms, and more severe and frequent wildfires. At a qualita�ve level, the Consultant will iden�fy the loca�ons of the city’s cri�cal facili�es and services (such as fire sta�ons, evacua�on routes, etc.) in rela�on to poten�al climate change impacts based on readily available geospa�al data. The Consultant will prepare the Climate Change Vulnerability Assessment consistent with the latest (2020) California Adapta�on Planning Guide, as described in California Government Code 65302(g) and the Office of Planning and Research General Plan Guidelines. The Consultant will use maps and data from exis�ng plans and available sources of geospa�al data, including:
• Internet-based Cal-Adapt tool
• Internet-based Healthy Places Index tool to iden�fy vulnerable popula�ons • Big Bear Fire Authority/City of Big Bear Lake/Big Bear Community Services District Local Hazard Mi�ga�on Plan (LHMP)
• California’s Fourth Climate Change Assessment, Regional Report • Exis�ng development in iden�fied at-risk areas, including structures, roads, u�li�es, and essen�al public facili�es
• Big Bear Lake local land use plans and implemen�ng documents A key component of the Climate Change Vulnerability Assessment will be an evalua�on of the poten�al for climate change to dispropor�onally impact vulnerable popula�on groups (e.g., seniors, children, lowincome communi�es, outdoor workers). The Climate Change Vulnerability Assessment will rely on modeling scenarios per the California Adapta�on Planning Guide and the Office of Planning and Research’s General Plan Guidelines. The Climate Change Vulnerability Assessment will be a qualita�ve analysis and will not include quan�ta�ve asset analysis by hazard area.

Task 2.8: GPAC Mee�ng #2: Review of Exis�ng Condi�ons and Trends and Analyses The Consultant will facilitate a mee�ng of the GPAC to review the Public Review Dra� Exis�ng Condi�ons and Trends Workbook. The GPAC will provide comments, feedback, and recommenda�ons for City staff considera�on prior to finalizing the Exis�ng Condi�on and Trends Workbook for public release.

Task 2.9: Newsleter #2: Exis�ng Condi�ons and Trends
The Consultant will prepare a newsleter summarizing the results of the major findings from the Exis�ng condi�ons and Trends Workbook and subsequent analyses. The Consultant will use the newsleter to publicize the upcoming community workshop in Task 2.10
Task 2.10: Community Workshop #1: Exis�ng Condi�ons
The Consultant will facilitate an open house style community workshop to present the findings from the Exis�ng Condi�ons and Trends Workbook. The Consultant will use a combina�on of informa�onal boards and surveys to solicit feedback on the Workbook that will provide further direc�on for future phases of this project. This workshop will also highlight the mul�-day planning and design charete as part of Phase

3. Task 2.11: City Council and Planning Commission Joint Study Session #1: Exis�ng Condi�ons and Trends Workbook
The Consultant will present the Exis�ng Condi�ons and Trends Workbook to the City Council and Planning Commission through a Joint Study Session. The Consultant will first facilitate a discussion about the results of Community Workshop #1 and provide the feedback received from community members and Planning Commission. The Consultant will also lead a discussion about our observa�ons and discuss recommenda�ons for next steps.

Deliverables:
• GIS base map (digital version, ArcGIS and PDF)
• General Plan Audit (digital version, Word and Excel)
• GPAC mee�ngs #1 and #2 agendas and materials (digital version, Word, PDF, and PowerPoint) • Community Workshop #1 material (hardcopies, board and materials, digital version, Word and PDF)
• Planning Commission and City Council presenta�ons (digital version, PowerPoint) • Exis�ng Condi�ons and Trends Workbook in Administra�ve, Preliminary, and Public Reivew Dra�s (digital version, PDF)
• Climate Change Vulnerability Assessment (digital version, Word and PDF) • Newsleter #2: Exis�ng Condi�ons and Trends (100 hard copies, digital version, PDF) • City Council and Planning Commission Joint Study Session presenta�on (digital version, PowerPoint)
Phase 3: Envision
Task 3.1: Planning and Design Charrete
The Consultant will organize and facilitate a three-day planning and design charrete to develop, refine, and evaluate growth and policy op�ons. The objec�ves of the charrete will be to develop and evaluate land use alterna�ves and policy op�ons, gather input from the community, and formulate recommenda�ons to the GPAC, Planning Commission, and City Council. Preferably the charrete would be held in a recognizable and sizeable community gathering space. If possible, the Consultant would create a temporary parklet in the parking spaces in front of the charrete site, furnish it with benches and plants, and decorate it with lights.

In advance of the charrete, the Consultant will facilitate a work session with City staff to iden�fy likely focus and growth areas. The Consultant will prepare a composite map to iden�fy those areas of the City with the greatest poten�al for change. Based on the results of the work session, the Consultant will prepare background informa�on, analysis, and other materials for the charrete. The proposed planning and design charrete would occur over a weekend, star�ng on a Thursday evening through Sunday.

Thursday Evening. Present background informa�on, framework diagrams, and concept op�ons; open house for atendees to study the presenta�on materials and ask ques�ons of the Consultant and City staff; a keynote speaker to address a significant topical area of community interest.

Friday. Flesh out some big ideas about growth and change via Urban Footprint poten�al against the backdrop of the approved vision developed through the community visioning process; link the successes of the Village Specific Plan; tour various neighborhoods, corridors, and centers throughout the city; work throughout the day to frame the remaining charrete agenda; and brainstorm with City staff to refine the agenda and big ideas. Community members will be encouraged to drop by and listen in to the discussions.

Saturday morning. Facilitated breakout sessions with community members organized around development opportunity sites and policy op�ons. Using maps, graphics, and three-dimensional building blocks, community members will provide their ideas about growth and change. Ques�ons the Consultant might ask the par�cipants are:
• What is your big idea for the future development within the community? • What partnerships could be bolstered to s�mulate development? • Which types of development and uses should be part of the future? • How should each area be connected within the city? What’s the best way to get in, out, and around the city? Would changes need to be made to make the city more accessible? • Are there other areas of the city you would like to see reimagined? How would you like to see them change?
• What are effec�ve policies and programs to support the vision and guiding principles? • How does climate change impact our growth priori�es?
• How should the Consultant consider health and social equity in weighing op�ons and choices? Saturday a�ernoon and evening. Consultant and City staff work sessions (open to the public) to refine op�ons, including site visits and walking tours of key opportunity sites.

Sunday. Finalize land use concepts using Urban Footprint and policy op�ons, prepare presenta�on materials, and facilitate a public presenta�on to share the work completed over the three days, answer ques�ons, and get addi�onal community input.

Task 3.2: Charrete Summary
The Consultant will prepare a summary of the charrete results. Following City staff review, the Consultant will revise the summary for publica�on on the project website and discussion with the GPAC, Planning Commission, and City Council.

Task 3.3: GPAC Mee�ng #3 and #4: Policy Op�ons and Preferred Land Use Alterna�ve The Consultant will facilitate two GPAC mee�ngs to present the results of the Charrete, discuss the recommenda�ons, and refine the op�ons. Using the materials developed at the Charrete, the Consultant will discuss our ra�onale for reaching conclusions and formula�ng the recommenda�ons and work with the GPAC to refine the policy op�ons and develop recommenda�ons for a Preferred Land Use Alterna�ve to the Planning Commission and City Council.

Task 3.4: Planning Commission Study Session #1: Policy Op�ons and Preferred Land Use Alterna�ve
The Consultant will atend a Planning Commission mee�ng to present the GPAC recommended Preferred Land Use Alterna�ve. The Consultant will facilitate a discussion of the ra�onale behind the GPAC recommenda�ons, and the community feedback collected that helped guide the Alterna�ves process.

Based on the feedback and direc�on from the Planning Commission, the Consultant will provide a recommended Preferred Land Use Alterna�ve for presenta�on to the City Council.

Task 3.5: City Council Study Session #1: Policy Op�ons and Preferred Land Use Alterna�ve The Consultant will atend a City Council mee�ng to present the GPAC and Planning Commission recommended Preferred Land Use Alterna�ve. The Consultant will facilitate a discussion of the ra�onale behind the Planning Commission decision based on the feedback collected from both the GPAC and community that helped guide the Alterna�ves process. Based on the feedback and direc�on from City Council, the Consultant will finalize the General Plan Land Use Alterna�ve for incorpora�on into the General Plan Policy Document and summarize the Council decision in a memorandum outlined in Task

3.6. Task 3.6: Policy Direc�on and Preferred Land Use Alterna�ve The Consultant will document the City Council direc�on in a Policy Direc�on and Preferred Land Use Alterna�ve Memorandum. Following City staff review, the Consultant will refine the Memorandum and publish it on the Project website.

Deliverables:
• Planning and Design Charrete materials (hardcopies: maps, display boards; digital version, PDF) • Charrete Summary (digital version, Word and PDF)
• GPAC Mee�ng #3 and #4 agenda and materials (digital version, Word, PDF, and PowerPoint) • Land Use and Policy Op�ons (digital version, Word and PDF) • Planning Commission, and City Council presenta�ons (digital version, PowerPoint) • Policy Direc�on and Preferred Land Use Alterna�ve Memorandum (digital version, Word and PDF)
Phase 4: Plan
Task 4.1: General Plan Design, Format, and Organiza�on Op�ons The Consultant will prepare op�onal approaches for the General Plan design, format, and organiza�on.

The Consultant will provide examples for the overall look and presenta�on of the Plan, including font size and style, page layout, maps, graphics, and illustra�ons. The Consultant will provide op�ons for Plan organiza�on in terms of element structure and the approach to addressing cross-cu�ng topics (e.g., climate change, health, social equity). The Consultant will also discuss the organiza�onal op�ons available with the digital, online General Plan. The Consultant will prepare a sample table of contents to accompany the organiza�onal op�ons. Following City staff review, the Consultant will finalize the General Plan format.

Task 4.2: Administra�ve Review Dra� General Plan
The Consultant and City staff will prepare an Administra�ve Review Dra� General Plan. The Consultant will format the General Plan to be atrac�ve, contemporary, and user-friendly, using extensive photos, illustra�ons, and maps in Adobe InDesign. The Plan will include the eight State-mandated elements, as well op�onal elements and topics as determined by City staff and the GPAC. The Plan will reflect best prac�ces for general plans and include goals and policies organized by topic in a logical, easily understood structure.

The Consultant will prepare a comprehensive implementa�on strategy that includes discrete, tangible ac�ons the City will undertake to implement the goals and policies. The Consultant will also review current implementa�on ordinances/regula�ons (e.g., zoning, subdivision, historic preserva�on, public arts, and other implemen�ng ordinances) and include recommenda�ons as a part of the implementa�on programs for ordinance revisions needed to maintain consistency with the General Plan.

The Consultant will prepare an updated Land Use Diagram as part of the Administra�ve Dra� General Plan. The Consultant will discuss op�ons for streamlining the land use designa�ons and graphic design op�ons for making the land use diagram more user-friendly.

Based on the distribu�on of land uses in the Land Use Diagram, the Consultant will prepare a Dra� Circula�on Diagram. The classifica�ons and diagram will indicate the distribu�on, loca�on, and standards for city roadways. If desired by City staff, the classifica�ons could also expand upon the func�onal classifica�ons to consider street context and non-auto travel modes. This defini�on ensures that street standards are not uniformly applied, but consider a street’s rela�on to surrounding land uses, appropriate travel speeds, and need to accommodate mul�ple travel modes. The Consultant could also develop roadway standards to use VMT instead of, or in addi�on to, LOS standards.

Task 4.3: SB 747 Analysis
The Consultant will develop the SB 747 compliant evacua�on assessment as part of the City’s Safety Element update to its General Plan.

Scenario Development
The Consultant will coordinate with City staff and to develop up three evacua�on events resul�ng from plausible hazards including but not limited to: wildfire; flood, and earthquake. Each of these events will be analyzed to determine likely affected areas and infrastructure assets that could be compromised.

Evacua�on scenarios will be examined to determine the most likely areas of the city that will be evacuated and the distribu�on of vehicle trips (and pedestrian movements) that would likely occur. This would also include contra-flow needs for emergency vehicle access into affected areas. Based on each of these plausible reac�ons to an evacua�on event – an assessment of the affected transporta�on network will be performed iden�fying key roadways that would facilitate a given evacua�on scenario. This will include but not be limited to the following roadways:
• SR 18 (east and west gateways)
• SR 38 (east and west gateways)
• City Owned and Maintained Roadways that can serve alterna�ve routes (Van Dusen Canyon Road, Shay Road, Cascade Street, Sites Way, Mann Drive, others) This task will determine areas that could pose evacua�on challenges. Preliminary segments of concern resul�ng from botleneck poten�al will also be iden�fied.

Modeling
The Consultant will apply the most recent version of the SCAG or SBCTA/SBCOG Travel Demand Model (whichever provides the most detail of the city). Based on the assessments of each evacua�on scenario performed in Task 1, The Consultant will revise the future year 2045 model trip distribu�on (OriginDes�na�on Matrix) to emulate the evacua�on flows. Three separate model OD Matrices will be developed – one specific to each evacua�on scenario. The following model runs will be performed:
• Evacua�on Scenario 1: Future Baseline Land Use; Modified OD Matrix; Future Baseline Roadway Network less facili�es assumed to be compromised and rendered unavailable. • Evacua�on Scenario 2: Future Baseline Land Use; Modified OD Matrix; Future Baseline Roadway Network less facili�es assumed to be compromised and rendered unavailable. • Evacua�on Scenario 3: Future Baseline Land Use; Modified OD Matrix; Future Baseline Roadway Network less facili�es assumed to be compromised and rendered unavailable.

For each event scenario above, model plots will be developed that show the volume/capacity (V/C) of the roadway network. Peak hour roadways opera�ng with a V/C over 1.0 (over-capacity) will be thema�cally shown in red. This will allow a quick visual assessment poten�al roadway capacity constraint loca�ons under each scenario event. Based on these results, poten�al mi�ga�ons include conver�ng specific roadways to contraflow and reverse contraflow facili�es and/or iden�fica�on of refuge areas (des�na�ons) to beter facilitate an evacua�on event. For each of these scenarios, the future baseline model network will be edited to represent the mi�ga�on strategy and the model re-run with the modified networks. Network V/C plots will then be compared with the baseline model plots.

Documenta�on
The Consultant will prepare a brief memorandum summarizing the results. The Consultant will document volume changes using tables and graphics including the model V/C plots. The Consultant will provide a dra� memorandum for City review and respond to one set of comments from City staff.

Task 4.3: Preliminary Public Review Dra� General Plan
The Consultant will revise the Dra� General Plan based on City staff comments and prepare a Preliminary Public Review Dra� General Plan for review by the GPAC, Planning Commission, and City Council. The step of reviewing the Preliminary Public Review Dra� General Plan with advisory bodies and decision-makers is important to ensure the Dra� Plan meets expecta�ons before conduc�ng the CEQA analysis.

Task 4.4: GPAC Mee�ngs #5, #6, #7: Preliminary Public Review Dra� General Plan The Consultant will facilitate three mee�ngs with the GPAC to review and discuss the Preliminary Public Review Dra� General Plan. The Consultant will prepare a revised version of the Plan in Word trackchanges to show the GPAC recommended revisions.

Task 4.5: Planning Commission Study Sessions #2 and #3: Preliminary Public Review Dra� General Plan
The Consultant will facilitate two study sessions with the Planning Commission to review and confirm the Preliminary Public Review Dra� General Plan. The Planning Commission will recommend any revisions or adjustments to the Plan to the City Council, which the Consultant will show in Word track changes.

Task 4.6: City Council Study Sessions #2 and #3: Preliminary Public Review Dra� General Plan The Consultant will facilitate two study sessions with the City Council to review and confirm the Preliminary Public Review Dra� General Plan. The City Council will provide direc�on on revisions or adjustments to the Plan prior to the Consultant conduc�ng the CEQA analysis.

Task 4.7: Public Review Dra� General Plan
Based on direc�on from the City Council, the Consultant will prepare the Public Review Dra� General Plan for publica�on and environmental review. The Consultant will also post the Safety Element within the Public Review Dra� General Plan to the City website and send it to CAL FIRE for review. The Consultant will facilitate consulta�on with CAL FIRE to ensure compliance with all State guidelines and requirements (see Task 4.8, Coordina�on with CAL FIRE). The Consultant will then submit the Public Review Dra� Safety Element to the Board of Forestry to issue a recommenda�on prior to the City Council adop�on hearing date.

Task 4.8: Coordina�on with CAL FIRE
SB 1241 requires safety elements to be reviewed by CAL FIRE and approved by the Board of Forestry before jurisdic�onal adop�on. The Consultant will lead this coordina�on and address CAL FIRE comments as appropriate. This will include responding to up to three rounds of review of CAL FIRE comments on the Public Review Dra� Safety Element, prepara�on of a presenta�on for the Board of Forestry, and leading the presenta�on at the Board of Forestry hearing and answering ques�ons.

Following The Board review, the Consultant will revise the Public Review Dra� Safety Element accordingly.

Task 4.9: Wildfire Grant Assistance
The Consultant understands that the City may need addi�onal resources to support the implementa�on of the Safety Element, such as conduc�ng a comprehensive update to the Big Bear Lake Community Wildfire Protec�on Plan. The Consultant can help support the City in applying for grant funding for these projects. There are several recurring grant funding opportuni�es, such as CAL FIRE’s Wildfire Preven�on Grants, the California Governor’s Office of Planning and Research Adapta�on Planning Grant Program, that would provide funding for the City to complete these implementa�on tasks. The Consultant will help the City iden�fy and apply for an applica�on grant that would fit within the project �meline.

Task 4.10: Newsleter #3: Public Review Dra� General Plan The Consultant will prepare a newsleter summarizing the Public Review Dra� General Plan and publicizing Community Workshop #2 and scheduled Planning Commission and City Council hearings.

Task 4.11: Community Workshop #2: Public Review Dra� General Plan The Consultant will facilitate an open house style community workshop to present the Public Review Dra� General Plan. The Consultant will use a combina�on of informa�onal boards and surveys to solicit feedback on the Plan contents for future GPAC, Planning Commission, and City Council considera�on.

Task 4.12: General Plan Consulta�on and Referrals
State law requires consulta�on with a variety of Federal, State, regional, and local agencies whenever a jurisdic�on updates or amends its general plan (e.g., Na�ve American Tribes, military branches, water agencies). These statutes are located throughout the Government Code and have varying requirements for when dra� and final documents must be submited and how long agencies have to review and provide comments. The Consultant maintain a checklist of agency consulta�on requirements that the Consultant will use to ensure the City provides the Public Review Dra� General Plan to the appropriate agencies.

Deliverables
• Administra�ve Review Dra� General Plan (digital version, PDF) • Newsleter #3: Public Review Dra� General Plan (100 hard copies, digital version, PDF) • Community Workshop #2 Materials (hardcopies, digital version, Word and PDF) • GPAC Mee�ngs #5 through #7 agenda and materials (digital version, Word, PDF, and PowerPoint) • Preliminary Public Review Dra� General Plan (digital version, PDF) • Revise the Safety Element based on CAL FIRE review and resubmit (up to three CAL FIRE reviews) • Atendance at the Board of Forestry’s approval hearing • Public Review Dra� General Plan (digital version, PDF) Phase 5: Mi�gate
Task 5.1: CEQA Kick-off Mee�ng
The Consultant will facilitate a work session with City staff on preparing the PEIR and comple�ng the adop�on process. The work session, or CEQA kick-off mee�ng, will cover the following topics:

Evalua�ng Environmental Impacts
• Strategies for CEQA compliance
• Coordina�on of environmental document with General Plan Update prepara�on • Developing a reasonable range of alterna�ves
• Cumula�ve impact analysis
• Using new or revised policies as mi�ga�on measures
Comple�ng the Process
• Agency consulta�on
• Public no�ce
• Hearings
• Adop�on
• Final documents
Task 5.2: PEIR Project Descrip�on and No�ce of Prepara�on The Consultant will work with City staff to develop a PEIR project descrip�on and will prepare a dra� EIR No�ce of Prepara�on (NOP) for City staff to review. The NOP is intended to alert other public agencies about the undertaking, and to solicit their input on the scope of the study. The Consultant will submit a final PDF copy of the NOP to City staff for pos�ng on its website, filing with the County Clerk, and distribu�ng to public agencies. It is assumed that City staff will distribute the NOP using the City’s NOP distribu�on list. The Consultant will review and make sugges�ons regarding the list. The Consultant will be responsible for filing the NOP with the State Clearinghouse.

Task 5.3: PEIR Scoping Mee�ng
The Consultant will facilitate a public and agency scoping mee�ng associated with the release of the NOP. The Scoping Mee�ng will be held during the 30-day NOP period to introduce the community to the PEIR process and obtain input on the scope of analysis. It will include a brief presenta�on, followed by public comment and input from mee�ng atendees. The Consultant will prepare a summary of input gathered, which will be included in the Dra� PEIR along with any writen public comments received by the City during the NOP comment period.

Task 5.4: Administra�ve Dra� PEIR
The Consultant will prepare an Administra�ve Dra� PEIR (ADPEIR) in compliance with CEQA requirements using informa�on gathered as part of the General Plan Update effort and comments on the NOP, as well as informa�on from other relevant CEQA documents completed by the City in recent years. The Consultant will be responsible for development of a legally adequate and appropriate PEIR for the General Plan.

The Consultant will prepare the ADPEIR based on the project descrip�on approved by City staff. The Consultant will base the descrip�on of the environmental and regulatory se�ng for the General Plan primarily on the data available online, the Exis�ng Condi�ons and Trends Workbook prepared for the project, informa�on received during the General Plan Update process, informa�on from other relevant CEQA documents or plans completed by the City in recent years.

The Consultant will introduce each topical sec�on in the environmental analysis with a brief statement of its context in the ADPEIR and the development of the General Plan. This effort may include interpre�ve informa�on for the reader to beter understand how the General Plan affects the environment, as well as the sources of data used in the analysis.

The se�ng for each topical sec�on will describe exis�ng condi�ons relevant to the topic and provide the groundwork for impact analysis. The number of impacts to be analyzed and the depth of analysis will be determined based on areas of concern iden�fied by the Consultant and City staff, as well as responses to the NOP. The Consultant will clearly state thresholds used to determine the significance of project impacts and will include thresholds in the CEQA Guidelines, Appendix G, as well as exis�ng regulatory standards, if applicable. Impacts will be iden�fied, and mi�ga�on measures will be prepared to reduce significant impacts to a less-than-significant level, when feasible. For each poten�ally significant impact iden�fied in the ADPEIR, the Consultant will iden�fy mi�ga�on measures or policy statements proposed by the City as part of the General Plan Update to avoid or reduce iden�fied impacts. The Consultant will construct mi�ga�on measures as policy statements or revised or addi�onal programs to facilitate incorpora�on into the final General Plan. In order to prepare an ADPEIR that meets the needs of the City and regulatory requirements of the State, the ADPEIR will comprise the following sec�ons:

Execu�ve Summary
This sec�on will provide a summary of the en�re ADPEIR and include the following:
• Discussion of the Project objec�ves;
• Brief descrip�on of the proposed Project;
• Summary of the environmental se�ng for the Planning Area; • Summary of impacts;
• Summary of mi�ga�on measures (mi�ga�ng policies);
• Discussion of alterna�ves considered; and
• Areas of controversy, and issues remaining to be resolved Introduc�on
The ADPEIR will contain an introductory chapter that provides an overview of the project and context, summarizes CEQA requirements and the environmental review process, describes the legal purpose of the ADPEIR, outlines the environmental issues being addressed, and presents the organiza�on of the report.

Project Descrip�on and Environmental Se�ng
These sec�ons will contain the City objec�ves for the General Plan. It will also outline the Planning Area boundaries and summarize exis�ng condi�ons and any new land uses proposed under the General Plan Update. The informa�on will be described in a mix of text, tabular, and graphic form (i.e., maps and diagrams).

Analysis, Impacts, and Mi�ga�on Measures
The environmental analysis sec�on will include four main components:
• Se�ng: Descrip�on of current condi�ons with respect to the issue in ques�on, including the exis�ng regulatory environment
• Impact analysis: Statement of significance thresholds and discussion of poten�ally significant effects of the proposed project
• Programma�c mi�ga�on measures: Methods by which significant effects can be reduced or eliminated, presented as General Plan policies to be introduced back into the Plan • Level of significance a�er mi�ga�on: Discussion of whether or not proposed mi�ga�on measures reduce impacts to below the adopted significance threshold Adverse impacts that meet or exceed significance thresholds will be considered significant. Addi�onally, all impacts will be characterized in terms of short- or long-term effects and presented in a logical discussion that the general public can understand. Any inconsistencies with local or regional plans will be discussed. Issues to be analyzed in a programma�c framework will include:
• Aesthe�cs
• Agriculture/Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Popula�on and Housing
• Public Services
• Recrea�on
• Transporta�on and Traffic
• Tribal Cultural Resources
• U�li�es and Service Systems
• Wildfire
The Consultant will discuss approaches to the impact analysis for the PEIR with City staff and will be consistent with the assump�ons and methodologies used in other recent EIRs completed in the Big Bear Lake, to the extent possible. In general, the impact analysis will focus on the issues present in the Planning Area and likely to be affected or impacted by the General Plan Update. Some issues, such as mineral resources, may not require a detailed analysis rela�ve to other issues because they do not occur in Big Bear Lake or would be unaffected by the General Plan Update.

Alterna�ves Analysis
A range of EIR alterna�ves will be considered in the ADPEIR. In addi�on to the “No-Project” Alterna�ve, the Consultant will consider other alterna�ves (such as alterna�ve land use scenarios) that will be developed during the General Plan Update. Evalua�on of alterna�ves will be in less detail than that for the proposed plans, though the analysis will provide decision-makers and the public adequate informa�on to decide between alterna�ves. This sec�on will also iden�fy the “environmentally superior alterna�ve.” If the “No Project” Alterna�ve is determined to be environmentally superior, the ADPEIR will iden�fy the environmentally superior alterna�ve among the remaining scenarios.

Cumula�ve Impacts
The ADPEIR will evaluate cumula�ve impacts based on planning documents for the Planning Area. The contribu�on of the proposed updates to the General Plan to the overall cumula�ve impact will also be es�mated and discussed. It is an�cipated that cumula�ve analyses will be included at the end of each ADPEIR topical sec�on.

Other CEQA Sec�ons
The ADPEIR will provide, in addi�on to the sec�ons discussed above, all other required CEQA sec�ons, including areas of known controversy, growth inducement effects, and significant unavoidable impacts.

The Consultant will provide the ADPEIR to City staff in digital (Word) format. City staff will conduct one review of the ADPEIR and provide consolidated comments and edits.

Task 5.5: Staff Review/Screen Check Dra� PEIR
The Consultant will incorporate City staff input on the ADPEIR and prepare a Screencheck Dra� PEIR (SDPEIR). The Consultant will provide the SDPEIR to City staff in digital (Word) format. City staff will conduct one review of the SDPEIR and provide consolidated comments and edits.

Task 5.6: Dra� Program EIR
Once City staff approves the SDPEIR, the Consultant will prepare the Dra� PEIR (DPEIR) for public circula�on. The Consultant will file the DPEIR with the State Clearinghouse, including all required accompanying forms, such as the No�ce of Comple�on (NOC), through the digital CEQASubmit pla�orm.

The Consultant assume that City staff will file the No�ce of Availability (NOA) of the DPEIR with the County Clerk and distribute the NOA of the DPEIR to responsible agencies, and interested agencies, organiza�ons, and persons. The Consultant also assume that City staff will be responsible for required newspaper ads and other public no�cing of the document availability, such as radius label mailing or onsite pos�ng. As required by State law, the DPEIR will require at least a 45-day public review period.

Task 5.7: Dra� and Final Response to Comments
Within four to six weeks of receipt of comment leters received on the DPEIR, the Consultant will submit a dra� Response to Comments to City staff for review. The Response to Comments document will include a list of commenters, comment leters, responses to comments, and any added or revised text of the DPEIR that may be necessary. Responses to Comments will include reasoned analysis and, as necessary, addi�onal analysis. The final version of the Response to Comments will be incorporated as an appendix to the Final PEIR. The scope and budget assume a level of effort that would include 100 hours of consultant �me for this task. This assumes receipt of approximately 15-25 comment leters. If the 18 number of comment leters and the effort to prepare responses is greater than an�cipated, the Consultant will no�fy City staff immediately and discuss op�ons to amend the work plan and budget as necessary. Following receipt of City staff comments, the Consultant will finalize the Response to Comments.

Task 5.8: Mi�ga�on Monitoring and Repor�ng Program
Concurrent with the Response to Comments, the Consultant will prepare a Mi�ga�on Monitoring and Repor�ng Plan (MMRP), which the Consultant will include in the Final PEIR. The Consultant will provide the MMRP in a format designed for use by planners, environmental monitors, or code enforcement officers. Essen�ally, the MMRP will take the form of a detailed table that describes:
• Persons/agencies responsible for monitoring compliance with each condi�on • Timing when monitoring must occur
• Frequency of monitoring
• Criteria to be used to determine compliance with condi�ons The Consultant will incorporate the final version of the MMRP as an appendix to the Final PEIR.

Task 5.9: Final PEIR
The Consultant will complete the Final PEIR a�er the review period has closed and all comments submited during that period have been received. The Final PEIR will include correc�ons to the DPEIR (if warranted), comments received, and responses (Task 5.7) as well as the MMRP (Task 5.8). The Consultant will prepare a Screencheck Final PEIR for City staff review and confirma�on followed by a Final PEIR a�er incorpora�ng consolidated comments received from City staff. Within one day of Final PEIR cer�fica�on and project approval, the Consultant will submit the dra� No�ce of Determina�on (NOD) to City staff. The Consultant assume that City staff will file the NOD with the County Clerk and be responsible for payment of filing fees. The Consultant will file the NOD with the State Clearinghouse.

Deliverables
• Dra� PEIR Project Descrip�on (digital versions, Word, and PDF) • Final PEIR Project Descrip�on (digital versions, Word, and PDF ) • NOP (digital files and filing with State Clearinghouse) • Scoping mee�ng materials (digital versions, Word, and PDF) • Administra�ve Dra� Program EIR (digital versions, Word, and PDF) • Screencheck Dra� Program EIR (digital versions, Word, and PDF) • Dra� Program EIR (digital version, Word, and PDF, 10 hard copies, and 10 CD copies) • NOC/NOA (digital files and filing with State Clearinghouse) • Dra� Response to Comments (digital versions, Word, and PDF) • Final Response to Comments (digital versions, Word, and PDF) • Mi�ga�on, Monitoring, and Repor�ng Program (digital versions, Word, and PDF ) • Screencheck Final Program EIR (digital versions, Word, and PDF ) • Final Program EIR (digital version, Word, and PDF, 10 hard copies, and 10 CD copies to the City) • NOD (digital files and filing with State Clearinghouse) Phase 6: Embark
Task 6.1: Planning Commission Public Hearings (#4 and #5) The Consultant will atend up to two public hearings with the Planning Commission to review the Dra� General Plan and Final PEIR. The Planning Commission will consider the comments made during the public hearing and make recommenda�ons to the City Council.

Task 6.2: City Council Public Hearing (#4)
The Consultant will atend a public hearing with the City Council to review the Dra� General Plan and Final PEIR. At this hearing, the City Council will consider the Planning Commission recommenda�ons and the comments made at the public hearings. A�er the hearing, the City Council will cer�fy the Final PEIR and direct the Consultant to incorporate their recommenda�ons and prepare the Final General Plan.

Task 6.3: Final General Plan Documents
The Consultant will prepare the Final General Plan for adop�on.

Task 6.4: City Council Adop�on Hearing (#5)
The Consultant will atend a hearing with the City Council for adop�on of the General Plan.

Deliverables
• Final General Plan (digital version, Word, and PDF)
• Land Use and Circula�on Diagrams (digital version, GIS, and PDF) • Final PEIR (five hard copies, digital version, Word, and PDF) • Maps and Diagrams (digital version, GIS, and PDF)
Phase 7: Implement
The Consultant will prepare a comprehensive update of the City’s Zoning Code �ed to Title 16 and 17 of the Municipal Code. The Consultant provide tasks here that will produce comprehensive Zoning Code updates that incorporate revisions based on the Zoning Code Diagnosis Report (Task 7.1) and a staff fix-it list, complete reorganiza�on of the Zoning Code format, revised table of contents, and Administra�ve and Public Review Dra�s of the new Zoning Code Titles. The Consultant will facilitate a seminar on modernizing the Zoning Code, City Council and Planning Commission study sessions, and a community informa�onal open house. Lastly, the Consultant describe the review and adop�on of the revised Zoning Code and Zoning Map.

The Consultant recommends prepara�on and delivery of an Administra�ve Dra� Zoning Code in several segments, rather than in a single deliverable. The Consultant’s experience indicates that it is easier for City staff to give �mely feedback and review of the Dra� Zoning Code when presented in segments. The order and content of the segments can be modified as desired by City staff. As an alterna�ve, if City staff prefers, the Consultant can prepare a complete Administra�ve Dra� Zoning Code prior to City staff review.

Task 7.1: Zoning Code Diagnosis Report
The Consultant will prepare a Zoning Code Diagnosis Report that will provide an overview of outdated uses and terminology, internal inconsistencies, and areas where simpler and clearer language can be incorporated. The Consultant will provide the Zoning Code Diagnosis Report to City staff for review that, at a minimum, will iden�fy:
• Internal inconsistencies within the Zoning Code and provide recommenda�ons to rec�fy inconsistencies.
• Components of the highlighted areas in the Zoning Code that may not be consistent with modern best prac�ces and provide recommenda�ons for refinement. • Improvements in the overall Zoning Code organiza�on.

Task 7.2: Kick-off and Scoping Mee�ng
The Consultant will facilitate a project kick-off mee�ng with City staff. The mee�ng should include the City Project Manager, front line counter staff, applica�on processing staff, Code enforcement staff, and the City Atorney (at least for a por�on of the mee�ng). The Consultant will prepare a mee�ng agenda for the Project Manager’s review at least a week before the mee�ng. Topics to be addressed at the mee�ng include the following:
• Review/clarify the City’s expecta�ons and needs for the Zoning Code Update. • Refine the project scope, budget, and prepara�on and delivery schedule, as necessary. • Modernizing the Zoning Code Seminar
• Review the Zoning Code Diagnosis Report
• Discuss the Zoning Code and Map Amendments Report
• Discuss zoning map changes
• Discuss problems and issues associated with exis�ng City land use, development, and subdivision regula�ons (including City staff’s list of needed revisions and other regulatory topics that need aten�on but are not fully addressed in the current Zoning Code). • Review and discuss the table of contents, format, style, and organiza�on op�ons. • Establish protocols for providing informa�on on the status of the Zoning Code Update Project on the City website and other public informa�on pla�orms.
• Gather documents relevant to the Zoning Code Update
Task 7.3: Stakeholder Interviews
The Consultant will conduct up to 10 one-on-one and group interviews with local developers, architects, community interest groups, City Council members, Planning Commissioners, and others, to gain an understanding of the zoning, subdivision, regulatory, and development issues in the city. The Consultant will summarize the results of the interviews in a memorandum.

Task 7.4: Modernizing the Zoning Code Seminar
The Consultant will present a half-day seminar for the City Council, Planning Commission, and City staff on modernizing the Zoning Code. The Consultant will base this seminar on the UC Davis Extension course taught by one of our team members, Brent Gibbons. The seminar will address topics related to upda�ng the Zoning Code, par�cularly focusing on how zoning ordinances shape the appearance and func�on of all land uses in a community. The prac�ce of how communi�es use zoning regula�ons to achieve development goals con�nues to evolve, and many ci�es and coun�es look to code updates to achieve their development objec�ves. The Consultant will discuss how to transform the City’s Zoning Code into a more understandable, streamlined, legally defensible, and effec�ve planning implementa�on tool.

Discussion topics would include the following:
• Methods for making the Zoning Code consistent with General Plan policies and standards • State-of-the-art zoning code structure, format/style, and graphic design for crea�ng easy-to-use documents
• Zoning districts: How many, what types, when to use overlays and combining designa�ons • Development standards: Type, specifica�on, and performance approaches, graphic support and representa�on
• Design guidelines and objec�ve standards, form-based codes, and hybrid codes • Content-neutral sign regula�ons, nonconforming uses, and other controversial regulatory issues • Steps to faster, effec�ve, and thorough development permit review procedures Task 7.5: Dra� Zoning Code Format and Outline
The Consultant will prepare a dra� annotated Zoning Code outline/table of contents, style sheet, list of common terms to use and not to use, and sample chapter format to illustrate the recommended format and style of the Zoning Code, which the Consultant will design to improve document organiza�on and readability, resul�ng in a truly “user friendly” updated document.

Task 7.6: Matrix of Zoning Code and Map Changes
Based on direc�on from staff at the kick-off mee�ng, the Consultant will prepare a Zoning Code Matrix to confirm the changes to be made as a part of the Zoning Code Update. This Matrix will serve as the master checklist of Zoning Code changes for the remainder of the project.

Task 7.7: Zoning District Provisions
The Consultant will dra� the chapters of the updated Zoning Code containing regula�ons applicable to specific residen�al, commercial, mixed use, and miscellaneous/combining zoning districts, and any new districts. To ensure consistency with the updated General Plan land use designa�ons and proper implementa�on of General Plan policies, the Consultant will review the land use designa�ons as a part of this task. At a minimum, these provisions will address the following topics:
• A descrip�on of each zoning district, including a General Plan driven “purpose” statement and an overview of the land uses allowed within each district. • A land use classifica�on system that clearly iden�fies uses allowed in each zoning district with an emphasis on allowing as many by-right uses as is reasonably appropriate. The classifica�on system organized in tables will employ up-to-date terminology and an appropriate combina�on of specific and generic land use types.
• Development standards for each zoning district (e.g., building envelope standards, height limita�ons, setback requirements, floor area and site coverage requirements) organized in tables and graphically illustrated.

The Consultant will submit the Administra�ve Dra� Zoning District provisions to City staff for review. The Consultant will facilitate a series of mee�ngs or conference calls to review and discuss City staff comments on the revisions and direc�on on the Zoning District provisions. Following these discussions, the Consultant will prepare the Preliminary Review Dra� Zoning District provisions.

Task 7.8: Administra�ve Provisions
The Consultant will dra� the chapters of the Zoning Code containing administra�on and development applica�on filing and processing procedures. At a minimum, these chapters will address the following:
• Purpose and adop�on of the Zoning Code, applicability, responsibility and administra�ve authority, interpreta�on procedures, and provisions addressing applica�ons deemed complete but not yet decided, that may be affected by adop�on of, and future amendments to, the Zoning Code.
• Defini�on of the roles of each project review authority, including the Community Development Director, the Planning Commission, the City Council, and all other applicable en��es. • Procedures for discre�onary permits, condi�onal and administra�ve use permits, design review, home occupa�ons, planned development review, reasonable accommoda�ons, site plan review, temporary uses, transporta�on demand management plans, variances and minor variances, and other project review procedures, appeals, public hearings, nonconforming use and structure provisions, and amendments, development agreements, and specific plans. • Enforcement provisions, including but not limited to, legal remedies, procedural requirements, cost recovery related to enforcement ac�ons, and property owner/violator rights and appeal procedures.
• Defini�ons of technical terms and phrases, including abbrevia�ons, and land uses.

The Consultant will submit the Administra�ve Dra� Administra�ve provisions to City staff for review. The Consultant will facilitate a series of mee�ngs or conference calls to review and discuss staff comments on revisions and direc�on on the Administra�ve provisions. Following these discussions, the Consultant will prepare the Preliminary Review Dra� Administra�ve provisions.

Task 7.9: General Development and Specific Use Standards The Consultant will dra� the chapters of the Zoning Code containing regula�ons that apply in mul�ple zoning districts and overlay/combining districts, and regula�ons for specific land uses. At a minimum, these chapters will address the following topics:
• General site planning and development standards that could apply to a variety of land uses regardless of the applicable zoning district. Addi�onally, these standards will address, as appropriate, site access requirements; fences, hedges, walls, and screening; noise regula�ons; outdoor ligh�ng standards; performance standards; Crime Preven�on Through Environmental Design; solid waste and recyclable storage standards; and undergrounding of u�li�es. • Affordable housing requirements, including suppor�ve, transi�onal, and employee housing; density bonus provisions; single room occupancy (SRO) provisions, standards for large residen�al care facili�es, and related incen�ves.
• Landscaping standards, including water efficient standards, specific requirements for preliminary and final landscape plan submital and review, tree preserva�on and protec�on. • Off-street parking, loading, and bicycle standards, including contemporary parking and loading area numbers, space, and design requirements; pedestrian circula�on requirements; blended parking requirements; and bicycle and motorcycle parking. • Sign regula�ons. The Consultant will review and evaluate the current sign provisions and recommend revisions in consulta�on with City staff.
• Standards for specific land uses. The Consultant will address standards for specific land uses as deemed appropriate by the City, including, among other topics, accessory dwelling units; accessory retail uses; adult entertainment businesses; alcohol-related uses (e.g., liquor sales, breweries, taprooms, wineries); childcare facili�es; cotage food; emergency shelters, entertainment and recrea�on uses; green buildings; historic preserva�on; home occupa�ons; interim uses in transi�on areas; massage therapy; mobile food vendors; mobile homes; mul�- family housing; outdoor merchandise display and ac�vi�es; outdoor and personal storage facili�es; recycling facili�es; residen�al accessory uses and structures; residen�al vaca�on rentals; small-scale alterna�ve energy facili�es; temporary uses; vehicle-oriented uses; and wireless telecommunica�ons.
• Environmental performance-based standards as determined by City staff to be appropriate.

The Consultant will submit the Administra�ve Dra� General Development and Specific Use Standards provisions to City staff for review. The Consultant will facilitate a series of mee�ngs or conference calls to review and discuss City staff comments on revisions and direc�on on the General Development and Specific Use Standards provisions. Following these discussions, the Consultant will prepare the Preliminary Review Dra� General Development and Specific Use Standards provisions.

Task 7.10: Subdivision Regula�ons
The Consultant will update the City’s Subdivision Regula�ons (Title 16) in full compliance and consistency with current State Subdivision Map Act requirements, case law, Atorney General opinions, and zoning regula�ons. The provisions will also reflect the Work Program vision and policies of the General Plan.

Task 7.11: Preliminary Dra� Zoning Code
The Consultant will revise the Administra�ve Dra� Zoning Code sec�ons based on City staff direc�on and prepare the remaining parts of the Preliminary Dra� Zoning Code, including a detailed table of contents, graphics, and illustra�ons. The Consultant will incorporate graphics throughout the Zoning Code wherever they may assist users in visualizing the meaning and applicability of development standards.

The Consultant will submit the Preliminary Dra� General Zoning Code to City staff for review. The Consultant will facilitate a series of mee�ngs or conference calls to review and discuss City staff comments. Following these discussions, the Consultant will prepare the Public Review Dra� Zoning Code.

Task 7.12: Public Review Dra� Zoning Code
Based on direc�on from City staff, the Consultant will prepare a Public Review Dra� Zoning Code which the Consultant will provide to City staff for Public Review.

Task 7.13: Updated Zoning Map
The Consultant will work with City staff to prepare an Administra�ve Dra� City Zoning Map. Following City staff review, the Consultant will prepare a Public Review Dra� Zoning Map.

Task 7.14: Planning Commission Hearing
The Consultant will atend two public hearings with the Planning Commission to consider adop�on of the Zoning Code. If desired by City staff, the Consultant will atend addi�onal mee�ngs on a �me-andmaterials basis.

Task 7.15: City Council Hearing
The Consultant will atend and assist City staff with one public hearing with the City Council to consider adop�on of the Zoning Code. If requested by City staff, the Consultant will atend addi�onal mee�ngs on a �me-and-materials basis.

Deliverables
• Zoning District Diagnosis Report (digital version, Word, and PDF) • Stakeholder Interview Summary (digital version, Word, and PDF) • Dra� Zoning Code Format and Outline (digital version, Word, and PDF) • Zoning Code and Map Changes Matrix (digital version, Word, and PDF) • Administra�ve Dra� Zoning District Provisions (digital version, Word, and PDF) • Preliminary Dra� Zoning District Provisions (digital version, Word, and PDF) • Administra�ve Dra� Administra�ve Provisions (digital version, Word, and PDF) • Administra�ve Dra� General Development and Specific Use Standards (digital version, Word, and PDF)
• Preliminary Dra� General Development and Specific Use Standards (digital version, Word, and PDF)
• Preliminary Dra� Zoning Code (digital version, Word, and PDF) • Public Review Dra� Zoning Code (digital version, Word, and PDF) • Administra�ve Dra� City Zoning Map (digital, PDF)
• Public Review Dra� City Zoning Map (digital, PDF)
7/26/2023 | Mintier Harnish
RESOLUTION NO. 2023-XX

RESOLUTION AWARDING A PROFESSIONAL SERVICES

AGREEMENT TO MINTIER HARNISH FOR UPDATES TO THE
GENERAL PLAN AND TITLE 16 AND TITLE 17 OF THE

MUNICIPAL CODE
WHEREAS, in 1999, the City Council adopted the General Plan anticipated to guide development and growth in the City of Big Bear Lake through 2020; and WHEREAS, on October 18, 2021, the City Council provided input and direction to staff on the preferred approach to first initiate a Community Visioning process, to be followed soon thereafter with the General Plan update; and
WHEREAS, on April 6, 2023, the City issued a RFP inviting highly qualified professional consultants to submit proposals to update/review the General Plan and update Title 16 (Subdivision) and Title 17 (Development Code) of the Municipal Code; and WHEREAS, on May 9, 2023, the City issued a RFP addendum including responses to all questions received during the RFP posting period, which responses provide additional clarification to the City’s expectations for this project; and
WHEREAS, as of 3:00 p.m. on May 23, 2023, submittals in response to the RFP were due; and WHEREAS, staff conducted a thorough evaluation of the proposals, including follow-up questions to the qualified consultants; and
WHEREAS, the City desires to execute a contract with Mintier Harnish of Sacramento, CA to prepare the City’s next General Plan and update Title 16 and Title 17 of the Municipal Code.

NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager or his designee is hereby authorized to execute a contract with Mintier Harnish to accomplish the identified tasks with a not-to-exceed cost of $1,542,719.

PASSED, APPROVED AND ADOPTED this 9th day of August, 2023.

Randall Putz, Mayor
ATTEST:

Rebecca F. Cannon, City Clerk
Item 3.1 - Attachment 3

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Rebecca F. Cannon, City Clerk

Big Bear Lake City CouncilAugust 9, 2023

Big Bear Lake City Council
August 9, 2023