CITY OF
BIG BEAR LAKE California
HEOPPORATED NOT
Special Meeting Minutes - September 7, 2023
A Special Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Putz at 5:03 p.m., Thursday, September 7, 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
Councilmembers Excused: Councilmember Rick Herrick
Others Present: Erik Sund, City Manager
Stephen P. Deitsch, City Attorney
Erica Stephenson, Assistant City Manager
Rebecca Cannon, City Clerk
A motion was made by Mayor Pro Tem Melnick, seconded by Councilmember Mote, to excuse Councilmember Herrick from attendance at this meeting, due to a potential business related conflict of interest.
Said motion was approved by the following vote:
AYES: Mote, Segovia, Melnick, Putz
NOES: None
ABSTAIN: None
ABSENT: Herrick
1. DISCUSSION & ACTION ITEMS
1.1 VACATION RENTAL ORDINANCE
City Manager Erik Sund began the presentation of this item by outlining the purpose of the meeting; highlighting data on citations; providing a proposed renewal noticing plan; and reviewing occupancy rates. Then Ryder Smith, President of Tripepi Smith, presented a PowerPoint providing an overview of his firm's extensive community outreach and stakeholder engagement efforts related to the City's vacation rental ordinance. He also provided Big Bear Lake vacation rental related data and summarized all of the feedback that was received in the public workshops and via electronic submittals.
Following the presentation and the City Council's preliminary questions and discussion, Mayor Putz invited up speakers who wanted to speak on this item. He also announced that due to the large amount of speakers, the first public comment portion of the meeting would be limited to one hour. He further stated
Special Meeting Minutes
September 7, 2023
that if time permitted, the remaining public speakers would be provided time to make their comments later in the meeting. The following individuals then approached the City Council:
Rick Snow, Big Bear Lake business owner, expressed concern with the City Manager's current practices regarding the issuance of vacation rental fines; believes that vacation rental owners should be provided more warnings prior to being issued large fines.
Barbara Olsen, Big Bear Lake resident, discussed the emergency ordinance implementation during the COVID pandemic (COVID; explained her beliefs that Measure O was defeated because voters did not want more restrictions; believes the City Council's goal should be to adopt a less restrictive ordinance.
Mike Breneger, Big Bear Lake resident, thanked the voters for allowing the City Council to maintain control of revising this ordinance; he suggested easing parking limitations, that the noise ordinance be applied to all properties, and that in-person check-in be optional.
Steve FIn, Big Bear Lake second homeowner, suggested in-person check-in be modified or eliminated; that cameras could provide veritication of excessive occupancy, vehicles or inappropriate behavior; he further stated the fines for self-check in are excessive, and the noise and parking rules should apply to all properties.
Dan Taylor, Inland Empire Film Services representative, requested that the rules and regulations for filming be regulated solely by the City's filming ordinance and not be included in the vacation rental ordinance.
Dan Gulbranson, Big Bear Lake resident, expressed frustration with the City's increased rules, citations and fines; he further expressed his beliefs that the City's previous process worked and fines should be reduced.
Jerome Quint, Big Bear Lake resident, expressed concern with the high fines and the mandatory in- person check-in process that is included in the City's current ordinance.
Jerzy Tomasik. Big Bear Lake second home owner; he discussed the defeat of Measure O and questioned why the City still continues to rehash the same issues; he suggested reducing the 36 hour buffer between rentals and eliminating in-person check-in.
Laura Breach, Big Bear Lake second homeowner, stated the rules are too strict, resulting in reduced tourism which will hurt the community; she also suggested removing the in-person check-in requirement and reducing penalties and fines.
Danielle Kidin, Big Bear Lake second homeowner, suggested removing the ordinance's in-person check-in requirement and lessening the current parking restrictions.
Mike Rottman, Big Bear Lake second homeowner, summarized that 85% of the respondents want to end in-person check-in; suggested vetting renters prior to booking and requiring the Good Neighbor Policy be signed prior to arrival; suggested that parking be tied to occupancy.
Micha Marshall, Big Bear Lake second homeowner, requested eliminating the requirement for in- person check-in and reducing restrictions related to hot tub /noise regulations.
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Lisa Winick, Big Bear Lake second homeowner; thanked the City Council for listening to the the community for its input; discussed the need for a balance between boosting the economy and respecting natural beauty and the neighbors; stated in-person check-in and exorbitant fines were counter to the ordinance's goals.
Lori Avery. Big Bear Lake second homeowner, expressed her beliefs that Big Bear Lake should be more visitor friendly; that in-person check-in does not work; and stated warnings should be provided before massive fines are issued, to take into account the "good actors" personal circumstances.
Samantha Bowman, Big Bear Lake resident, urged the community, City Council and staff to be kind; she reminded the City Council that the short-term renters pay TOT which contributes to the City's budget; she requested the leaders frame short term renters as City partners.
Daniel Ajeigbe, Big Bear Lake second homeowner, stated his opinion that the City Attorney's interpretation of the municipal affair doctrine was incorrect; he discussed a case ruling that he believes indicates Government Code Section 36900 relates to fines applied to the City.
Michael Rorrick, Big Bear Lake second homeowner, requested the STR owners and operators in attendance to stand; reminded the City Council that all the people standing were the City's allies.
Theodore Trentman, Big Bear Lake second homeowner, encouraged equitable community treatment and discussed his negative experience in purchasing property in the City.
Susie Gillian, Big Bear Lake second homeowner, concurred with the prior speakers and suggested less government is good government.
Sandy Duong, Big Bear Lake second homeowner, discussed her successful use of technology to manage her home; suggested allowing technology for check-in, requested a grace period on license renewals, and additional time to respond to code calls.
Manny Arciniega, Big Bear Lake second homeowner, discussed the defeat of Measure O; questioned training requirements for STR inspectors; agreed that the use of technology should be an option; stated the current fines were excessive and indicated Big Bear Lake was not friendly to visitors.
Pat Enyart, Big Bear resident, discussed the local tourism issues during COVID-19 that resulted in the strict emergency ordinance, which are still in effect; suggested making Big Bear friendly again, and allowing the use of technology for check-in.
At the hour of 7:04 p.m., Mayor Putz called for a short recess and at the hour of at 7:16 p.m. Mayor Putz. reconvened the meeting with all Councilmembers present except Councilmember Herrick.
After the brief recess, the City Council and staff engaged in further discussion. Then Mayor Putz invited up the remaining members of the public who had requested to speak on this item. The following individuals then approached the City Council:
Lee Winick, Big Bear Lake second homeowner, discussed difficulties with renting properties due to Big Bear Lake's extensive regulations; suggested allowing remote check-in and removing the requirement for outdoor signage.
James Ipek, Big Bear Lake second homeowner, stressed that the vacation rental homeowners want to work with the City Council; suggested a warning system be used prior to the City issuing fines.
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Tasha Ross, Big Bear Lake second homeowner, reiterated that the urgency ordinance was established during a pandemic; urged City kindness and compassion; suggested allowing increased parking, optional in-person check-in, and to consider updates that focus on creating an enjoyable stay for guests.
Brian Burke, Big Bear Lake second homeowner, suggested distinguishing data between self-managed and management companies; he discussed difficulties with current occupancy and parking limitations.
Miguel Gonzalez, Big Bear Lake business owner, encouraged the City "lighten up" on the well intentioned individual owners; he suggested omitting the hot tub restrictions but retaining in-person check-in; believes the property management company should receive the fine and not the homeowner.
Brad Thornton, Big Bear Lake second homeowner, expressed concern about excessive fines and possible license revocation; discussed related California Government Code.
Lauren Hafen, Big Bear Lake resident, thanked the City Council for its service to the community; he discussed R-1 versus R-3 zoning, suggested softening occupancy restrictions and considering the home's restroom capabilities.
Robert Parks, Big Bear Lake second homeowner, indicated his opinion that the ordinance was working and increased TOT taxes were benefitting the City; he suggested virtual check-in be an option; stated the current tines are excessive; he further discussed issues with neighbors making false and harassing complaints.
Laura Johnson, Big Bear resident, referenced a recent New York Times article regarding new laws impacting vacation rentals and tourism.
Joyce Parker, Big Bear Lake resident, expressed appreciation for the workshops but frustration with the resulting summaries; she asked about the proposed renewal grace period and discussed related impacts on reservation bookings; she urged for consistent enforcement of dog noise for residents and vacation renters.
Nancy Shearer, Big Bear Lake second homeowner, recalled her personal experience operating a short term rental, indicating she was diligent in ensuring compliance; she expressed concern regarding a large City fine she received and the related appeal process; pleaded with City Council to reduce fines.
Nick Lanza, Big Bear Lake business owner, discussed that the face-to-face check-in process provides an opportunity to create a positive guest experience; suggested a requirement for certified staff to perform the in person check-ins; believes it would reduce neighborhood traffic and increase local jobs.
Tara Antongiorgi, Big Bear resident, stated the pandemic regulations have now become excessive; she suggested eliminating the requirement for in-person check-in; expressed concern with the visua! impact of vacation rental outdoor signage and the potential risk of home robbery.
Rudy Eden, Big Bear Lake second homeowner, thanked the City Council for paying attention to the public; he suggested unwarranted complaints should result in fines issued to the complainant; provided his opinion that there was no context associated with the presented vacation rental data.
Dion Olson, Big Bear Lake business owner, questioned why rentals were not allowed on properties with ADUs; suggested additional guests be allowed to visit during the day and occupancy should be based on square footage; she concurred that fines are excessive and warnings should be provided.
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Ronnie Finn. Big Bear Lake second homeowner, stated she was pleased that the City Council provided the public the opportunity to come together as a group.
Following public comment, the City Council and staff engaged in further discussion regarding the potential Vacation Rental Ordinance revisions that would be presented and formally considered at an upcoming City Council Meeting.
No formal City Council action was taken related to this Item.
ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Putz adjourned the meeting at 10:16 p.m.
Euca Stephenson
Erica Stephenson, City Clerk