Agenda packet — Big Bear Lake City Council, December 13, 2023 (part 1 of 2)

CITY COUNCIL, FIRE PROTECTION AND SUCCESSOR AGENCY

REGULAR MEETING AGENDA
DECEMBER 13, 2023
Closed Session: 4:30 p.m., ECR, Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 Open Session: 5:00 p.m., Hofert Hall, 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/CITY CLERK ERICA STEPHENSON

CITY ATTORNEY STEPHEN DEITSCH
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 – 4:30 P.M.

CALL TO ORDER

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

DECLARATION OF CLOSED SESSION ITEMS

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8
Property: APN: 2328-383-01
City Negotiators: City Manager Erik Sund
Negotiating Party: Wade Reeser, President of Big Bear Mountain Resorts Under Negotiation: Price & Terms of Payment

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Gov. Code Section 54956.8

CITY COUNCIL AGENDA
DECEMBER 13, 2023 - Page 2
Property: 40940 Pennsylvania Ave, Big Bear Lake, CA 92315 City Negotiator: City Manager Erik Sund
Negotiating Party: Bear Valley Unified School District
Under Negotiation: Price & Terms of Payment

3. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION pursuant to Government Code Section 54956.9(d)(2)
One (1) Case

RECESS TO CLOSED SESSION
RECONVENE OPEN SESSION – 5 P.M.

PLEDGE OF ALLEGIANCE

MOMENT OF SILENCE
EVENT CALENDAR FOR THE PERFORMING ARTS CENTER - For tickets please contact the box office at (909) 866-4970 or visit www.citybigbearlake.com • Moonridge School of Dance and The Arts Council of Big Bear Valley presents the Nutcracker Ballet on December 16 at 7:00 pm and on December 17 at 2:00 pm. • The Big Bear Theatre Project presents A Ghost Story of Christmas on December 21, 22 and 23 at 7:30 pm.

PRESENTATIONS
• Presentation by Assemblyman Tom Lackey, representing California State Assembly District 34. • Presentation from Evan Rayner, Bear Valley Community Healthcare District Chief Executive Officer regarding the hospital’s recent acquisition of dialysis machines. • Visit Big Bear President Loren Hafen will introduce Visit Big Bear’s new Chief Executive Officer Travis Scott.
• Mayor Pro Tem Perri Melnick will present a Proclamation to Mayor Randall Putz in recognition of his recent Larry Chimbole Award.
• Presentation from Kelly Ent, Deputy City Manager / Chief Financial Officer providing the City’s Quarterly (July 2023 – September 2023) Financial Update.

RESULTS OF CLOSED SESSION

CITY STAFF ANNOUNCEMENTS IN RESPONSE TO PUBLIC COMMENTS MADE AT THE 11/08/2023 REGULAR CITY COUNCIL MEETING
PUBLIC COMMUNICATIONS (PART 1) - At this time, general Public comment is permitted only on consent calendar items and other matters not listed on the posted agenda that are within the subject matter and jurisdiction of the City. Public comment on specific items listed on the posted agenda, such as public hearing & discussion or action items, will be taken later in the meeting when the item is called for discussion. When addressing the City Council, please keep the following in mind: State law prohibits the City Council from taking any action on items not listed on the agenda and therefore prevents the City Council from replying to most public comments. Each speaker has a 3 minute maximum time limit subject to adjustment at the discretion of the Presiding Officer. To allow City Council sufficient time to address agendized City business, if Public

CITY COUNCIL AGENDA
DECEMBER 13, 2023 - Page 3
Communications Part 1 exceeds one hour, the remaining public speakers will be allowed to provide public comments during Public Communications Part 2. Participants cannot cede their speaking time to another person.

To help ensure a respectful and efficient meeting, please address the Council directly, not the audience, and refrain from disruptive comments and applause. We appreciate your attendance and your participation in our local government proceedings.

1. CONSENT CALENDAR

1.1 APPROVE DEMANDS – CHECK ISSUE DATE 10/27/23 THROUGH 1130/23 IN THE AMOUNT OF $2,701,564.34 AND THE OCTOBER 2023 TREASURER’S REPORT

1.2 RESOLUTION AUTHORIZING EXAMINATION OF SALES AND USE TAX

RECORDS
Staff’s recommendation: Adopt a resolution updating those positions authorized to examine sales and use tax records and rescinding all prior resolutions adopted pursuant to subdivision (b) of the Revenue and Taxation Code Section 7056.

1.3 CANCELLATION OF THE JANURARY 10, 2024 CITY COUNCIL MEETING Staff’s recommendation: City Council should take action to cancel the previously scheduled January 10, 2024 Regular City Council Meeting.

1.4 RESOLUTION EXTENDING THE CITY’S DEADLINE TO ESTABLISH AN

ONLINE PERMITTING SYSTEM FOR POST-ENTITLEMENT PHASE PERMITS UNDER CALIFORNIA GOVERNEMENT CODE SECTION 65913.3.5 (AB 2234) Staff’s recommendation: Adopt a resolution extending the City’s deadline to establish an online permitting system for post-entitlement phase permits under California Government Code Section 65913.3.5 (AB 2234) to January 1, 2026.

1.5 RESOLUTION AUTHORIZING THE INSTALLATION OF STOP CONTROLS FOR

CATALINA ROAD AT THE INTERSECTION OF AVALON ROAD
Staff’s recommendation: Adopt a resolution authorizing the installation of stop signs for Catalina Road at the intersection of Avalon Road and finding the project categorically exempt from the California Environmental Quality Act (CEQA).

1.6 NOTICES OF COMPLETION FOR FISCAL YEAR 2023-24 CAPITAL

IMPROVEMENT PROJECTS
Staff’s recommendation: Accept the Annual Street Rehabilitation, Pothole Repair/Patching and Rathbun Creek Trail Phase III projects as complete and authorize staff to file the required Notices of Completion for the two contracted projects.

ITEMS REMOVED FROM THE CONSENT CALENDAR

CITY COUNCIL AGENDA
DECEMBER 13, 2023 - Page 4

2. CEREMONIAL

2.1 CITY COUNCIL REORGANIZATION

SELECTION OF THE MAYOR AND MAYOR PRO TEM
Council nominations for Mayor and Mayor Pro Tem, for a one-year term.

Adjourn to the Fire Protection District Board.

2.2 FIRE PROTECTION DISTRICT REORGANIZATION

SELECTION OF CHAIR AND VICE CHAIR
Board Nominations for Chair and Vice Chair, for a one-year term.

Adjourn to the Successor Agency.

2.3 SUCCESSOR AGENCY REORGANIZATION

SELECTION OF CHAIR AND VICE CHAIR
Agency nominations for Chair and Vice Chair, for a one-year term.

Adjourn to the City Council.

3. DISCUSSION/ACTION ITEMS

3.1 INTRODUCTION OF AN ORDINANCE RENAMING MUNICIPAL CODE CHAPTER 2.08 TO “CITY COUNCIL” AND ADDING SECTION 2.08.050 TO CHAPTER 2.08 RELATING TO LOCAL ELECTION CAMPAIGN CONTRIBUTION

LIMITS AND REGULATIONS
Staff recommendation: Read the title, waive further reading and introduce an ordinance entitled: An Ordinance of the City of Big Bear Lake Renaming Chapter 2.08 of the Big Bear Lake Municipal Code to “City Council” and Adding Section 2.08.050 to Chapter 2.08 Relating to Local Election Campaign Contribution Limits and Regulations.

3.2 STAFF PRESENTATION PROVIDING AN OVERVIEW OF THE PROCESS RELATED TO THE RELINGUISHMENT OF BIG BEAR BOULEVARD (SR-18) Staff recommendation: Receive a staff presentation and provide direction as appropriate.

4. 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.

4.1 INTRODUCTION OF AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 4.01 (“VACATION RENTALS”) OF TITLE 4 (“VISITOR-SERVING USES AND TOURISM”) TO AMEND AND UPDATE THE CITY’S SCHEDULE OF FINES,

PENALITIES AND PROCEDURES TO ADDRESS NONCOMPLIANCE WITH THE CITY’S VACATION RENTAL REGULATIONS

CITY COUNCIL AGENDA
DECEMBER 13, 2023 - Page 5
Staff recommendation: Conduct a public hearing to hear any and all public testimony and read the title, waive further reading and introduce an ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake, California, Amending Certain Sections of Chapter

4.01 (“Vacation Rentals”) of Title 4 (“Visitor-Serving Uses and Tourism”) of the Big Bear Lake Municipal Code to Amend and Update the City’s Schedule of Fines, Penalties and Procedures to Address Noncompliance with the City’s Vacation Rental Regulations and Making Other Technical Amendments to Said Regulations.

PUBLIC COMMUNICATIONS (PART 2)

5. 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 PUBLIC MEETING Vacation Rental Ordinance Adoption – December 19, 2023
Campaign Finance Ordinance Adoption – December 19, 2023 Quarterly Fire Protection District Meeting – March 2024

DECLARATION OF POSTING
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 7th day of December 2023.

Erica Stephenson, City Clerk

The City of Big Bear Lake wishes to make all of its public meetings accessible to the public. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 866-5831. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CITY OF BIG BEAR LAKE
December 13, 2023
City Council Meeting
Presentation Materials

QUARTERLY FINANCIAL REPORT
First Quarter of Fiscal Year 2023-24 (July – September 2023) BIG BEAR LAKE California CITY OF

Additional financial information available here

CURRENT FINANCIAL CONDITION
The adopted budget includes a reduction in
the fund balance of $8.2 million which is
indicative of the $9.8 million investment in
street and capital improvements. Factoring
out the use of the fund balance for those onetime expenditures, the available funds are budgeted to increase by $1.6 million. As of
the close of the first quarter, expenditures
exceeded revenue due to the timing of
property tax, sales tax, and transient
occupancy tax receipts. This is consistent
with the previous year and budget
expectations. The discussion that follows will
review the fiscal activity through the first
quarter (July through September).

GENERAL FUND
The General Fund is the City’s operating
fund. Revenues are available for general
purposes and are used to pay for services such
as street maintenance, snow removal, public
safety as well as general operations. The
General Fund has three major sources of
revenue: property taxes, transient occupancy
taxes, and sales and use taxes. These funds
are budgeted to generate $15.1 million,
representing 71.2% of the revenue.

General Fund revenues through the first
quarter total $2.3 million, or 11.0% of the
$21.1 million annual budget. This is
$659,000 less than last year’s first quarter
due to an accounting change moving grant
revenue to a separate fund. Adjusting for that
change, receipts through September 30 are
down $159,000, or 6.4% compared to the
same time last year which is consistent with
budget projections.

As of September, $4.4 million has been
expended, or 15.0% of the $29.1 million
annual budget. This is consistent with the
$4.0 million expended at this time last year.

Capital project funding transfers are made on
a reimbursement basis and will lag project
expenditures. As of the first quarter,
expenditures to date are in line with budget
expectations.

General Fund Revenues:

Note: Reduction in revenue primarily due to an accounting change depositing grant proceeds into a separate fund.

Quarterly Financial Report First Quarter of FY 2023‐24

Page 2 ends

Property Taxes: Consistent with prior
years, no property tax revenue has been
received during the first quarter. Revenues
are collected via the property tax roll;
therefore, a majority are received semiannually in December and April.

Sales Taxes: Sales tax revenue of $225,000,
or 6.2% of the $3.7 million budget, is in line
with the prior year revenue of $237,000 and
current year budget expectations. Sales tax
payments remitted to the state are distributed
to local jurisdictions once processed by the
California Department of Tax and Fee
Administration (CDTFA).

Transient Occupancy Taxes (TOT):

During the first quarter, $931,000 in TOT
revenue was received, or 15.7% of the $5.9
million budget, which is consistent with
expectations. TOT is due the month
following the close of the collection period;
therefore, TOT received through September
2023 represents payments for rents collected
during the first two months of the fiscal year.

Compared to the same period last year, TOT
is down $201,000 or 17.8%, which was
anticipated in the adopted budget and is
tracking in line with projections as visitation
levels continue to moderate.

Licenses & Permits: Business licenses
renew annually in September whereas
vacation rental registrations renew
throughout the year depending upon the
permit expiration date. Consistent with
budget expectations and prior year activity,
$519,000, or 34.7% of the $1.5 million
budget has been collected to date, which is
consistent with the $521,000 collected last
year.

Operating Transfers: Funds received for
specific purposes are deposited into special
revenue funds and distributed to cover
qualified expenditures. Of the $2.0 million
budget, $1.1 million or 58.7%, will be
received in the spring when Gas Tax
revenues are distributed to local entities.

General Fund Expenditures
First quarter expenditures are $4.4 million, or

15.0% of the annual budgeted appropriations,
is consistent with the $4.0 million in the
previous year’s expenditures, representing

15.8% of the budget. This is in line with
budget expectations and year-over-year
activity. Interfund transfers for capital
projects are recorded following the close of
the fiscal quarter; therefore, no contributions
have been recorded through September.

The budget includes contributions to reserves
for vehicle and equipment replacements,
snow removal contingency, and a set-aside
for the City’s general plan. The budget for
reserve contributions is a resource planning
tool. The set-aside of funds will not be
reflected in the expenditures as it merely a
designation, or commitment, of available
funds.

SPECIAL REVENUE FUNDS
Funds which are restricted in use are
separated into special revenue funds.

Quarterly Financial Report First Quarter of FY 2023‐24

Page 3 ends

Waste Management Funds: The Waste
Management Funds are comprised of two
operating funds: Sanitation and Refuse.

Fiscal activity through the first quarter is
consistent with the previous year’s
performance and budget projections. The
City collects sewer and refuse fees on the
property tax roll to provide wastewater and
solid waste services. Thus, most of the
revenue for these funds is received
semiannually, in December and April.

Sanitation (Wastewater):

Receipts through September of $70,500 have
been collected which is 1.1% of the total
budgeted revenue. As mentioned previously,
sewer user fees are collected on the tax roll, a
majority of which will not be received until
December and April. First quarter revenue
compared to the previous year is up $61,900
which is primarily due to the new Hampton
Inn commercial development nearing
completion and connecting to the sewer
system.

The wastewater treatment charges payable to
Big Bear Area Regional Water Authority
(BBARWA) are due semiannually in
December and April to coincide with the
collection of sewer fees on the tax roll;
therefore, only 8.5% of the $4.6 million
service charge budget has been spent to date.

Interfund transfers for capital improvements
occur on a reimbursement basis and are
dependent upon the timing of project
expenditures, which is the primary reason
first quarter payments are $223,000, or 7.1%,
less than the previous year.

Refuse (Solid Waste) Resources:

With the collection of solid waste fees on the
tax roll, most of the revenue will not be
received until December and April. Current
Service Charges of $25,200 received through
September are primarily from the county
waste delivery agreement representing 0.5%
of the total budget. This is consistent with the
previous year’s receipts of $26,900, or 0.7%
of the budget, and in line with budget
projections.

Charges for solid waste collection are
payable to the City’s franchise waste hauler,
Big Bear Disposal, the month following the
service period; therefore, solid waste
expenditures through September include two
months of service. Expenditures through
September are consistent with budget
expectation. When compared to the previous
year, service charges are up with the
implementation of the franchise waste hauler
agreement which includes enhanced services
and a new rate structure.

Transportation Funds: The Transportation
Funds are comprised of revenues restricted
solely for street maintenance, road
construction and transportation. These
funding sources are required to be collected
in separate funds and then allocated to cover
authorized expenditures.

Quarterly Financial Report First Quarter of FY 2023‐24

Page 4 ends

Gas Tax revenue received from the state
Highway User Tax Account (HUTA) is the
largest source of transportation funding
received by the city. These funds represent

43.2% of the total $2.6 million budgeted
transportation funding, or $1.1 million. This
is the primary source of funding for street
maintenance and snow removal. HUTA
allocations are received throughout the year
with the largest apportionment received
annually in March.

The City’s annual road rehabilitation and
construction plan receives funding from the
state Road Maintenance and Rehabilitation
Account (RMRA) as well as the county
Measure I sales tax revenue allocation. Of the
$1.8 million planned street rehabilitation
project for FY 2023-24 $928,000, or 51.6%,
will be funded with RMRA and Measure I
funds.

Two years ago, Mountain Transit Authority
(MTA) initiated a trial program to offer
trolley service free of charge. The two-year
trial of this no-fare service received
contributions from the city and other valley
agencies and has proven to be beneficial to
residents and visitors alike. The FY 2023-24
budget includes a $500,000 contribution
from Measure Y TOT to continue supporting
this no-fare service beyond the trial period
which ends in October. Contributions will be
made monthly in accordance with the grant
agreement between the City and MTA.

Miscellaneous Funds: The Capital
Improvement Plan (CIP) relies on a variety of
funding sources including grant proceeds and
the City’s Measure Y TOT to defray the cost
of capital improvements, infrastructure
enhancements, and installation of public
facilities.

At the November 2008 election, voters
approved Measure Y, a 2% increase in TOT,
and an advisory ballot measure, Measure YY,
recommending that the 2% be set aside in a
separate fund for infrastructure
improvements and amenities aimed at
enhancing the visitor experience. Since that
time, $13.7 million has been invested back
into the community. We continue to
maximize the benefit of these funds by
utilizing Measure Y to match grant proceeds
and to offset other funding sources. This
approach has resulted in an investment of
$29.8 million in capital improvements
funded 46% by Measure Y through last fiscal
year end. As a result, we have been able to
double our investment and avoid the burden
of debt financing to achieve the same result.

Of the $4.9 million budget, $1.9 million is
anticipated Measure Y TOT receipts and $2.5
million represents grant proceeds. Measure Y
TOT collected through September of
$310,000 represents tax on rents collected
during the first two months of the fiscal year,
or 16.4% of budget, which is consistent with
expectations. Grant proceeds will cover
eligible expenditures and will be received on
a reimbursement basis.

CAPITAL IMPROVEMENT FUNDS
The Capital Improvement Plan (CIP) is
funded by locally generated revenue and
special revenues as described above. The
current year planned investment of $15.3
million of which $9.5 million, or 62%, will
be funded with local revenues from the
General Fund and Measure Y TOT.

Quarterly Financial Report First Quarter of FY 2023‐24

Page 5 ends

The adopted CIP expenditure budget for the
current fiscal year includes $9.8 million
across twenty-five (25) identified projects
focused on street, facilities, parks and trails,
as well as sanitation improvements. With the
winter weather, the City’s construction cycle
begins in the spring, as soon as conditions
improve, and continues into late fall. As a
result, work in progress at the close of the
previous fiscal year requires City Council
authorization to appropriate funds to
complete projects in the subsequent fiscal
year. The budget for those projects and any
new projects approved during the year are in
addition to the adopted budget. Factoring in
those changes, the current CIP budget is
$15.3 million.

Streets & Capital Improvements:

Of the $15.3 million CIP budget, $2.0
million, or 13.4%, has been expended
through September. The timing of
expenditures is dependent on when progress
payments are made and when projects are
completed.

Work for this construction season has
included a combination of recurring, routine
projects as well as some marquee level
investments. Some of the project focuses for
this construction season have included:

Streets
 Annual Street Rehabilitation
 Annual Street Striping
 Street Crack Sealing
 Sign Reinforcement
 Street Sign Inventory
Facilities
 Civic Center Roof
Replacement Project
 Performing Arts Center Restroom
Trails/Parks
 Boulder Bay Park
Walkway & Curb
 Stanfield Cutoff
Parking Lot
 Rathbun Creek Trail
Phase III
Sanitation
 Sanitary Sewer Pipe Lining
 Sewer Cleaning and Inspection
 Cottage Lane Sewer Line Replacement
Given the condensed nature of the City’s
construction season, only two of these efforts
were reported complete as of the September
30 quarter end. Many of these projects have
since been completed and the final
expenditures will be reported in the Second
Quarter of FY 2023-24 update.

The efforts that are not yet underway or
completed will resume during the spring of
2024. Some projects may be completed prior
to the end of the fiscal year. Appropriations
for projects that are unable to be completed
before year end will be carried over to FY
2024-25 upon Council approval.

CITY OF BIG BEAR LAKE
December 13, 2023
City Council Meeting
Consent Calendar
Reports
Check# Vendor/Employee Date Amount
89540 Espyr 11/02/23 204.60
89543 Department of Justice 11/02/23 64.00
89544 San Bernardino County Fire Protection District 11/02/23 5,992.22 89545 San Bernardino County Solid Waste Mgmt Division 11/02/23 13.88 89546 City of Big Bear Lake Dept of Water & Power 11/02/23 393.55 89548 Best Best & Krieger LLP 11/02/23 32,759.98
89549 Big Bear Lake Urgent Care Inc 11/02/23 540.00
89550 Butchers Blocks & Building Materials 11/02/23 393.08 89551 Bear Valley Electric 11/02/23 5,485.39
89552 Bear Valley Paving, Inc. 11/02/23 71,719.60
89553 Calolympic Glove & Safety Co 11/02/23 1,464.12
89554 Eastern Ventura Medical Group, Inc. 11/02/23 30.00 89555 Cutting Edge Supply 11/02/23 13,514.05
89556 Dapeer Rosenblit & Litvak LLP 11/02/23 15,395.68
89557 Dial M Productions 11/02/23 2,425.00
89558 Joe Eden 11/02/23 13,000.00
89560 Gibson Transportation Consulting, Inc. 11/02/23 7,130.00 89561 Grainger Inc. 11/02/23 146.54
89562 HdL Coren & Cone 11/02/23 4,502.53
89564 MTS Partners Inc 11/02/23 819.99
89565 JustFOIA Inc 11/02/23 2,598.75
89569 Lynn Merrill And Associates, Inc. 11/02/23 831.69 89571 Merrell Johnson Engineering Inc 11/02/23 670.50
89573 Mission Linen Supply Inc. 11/02/23 762.00
89574 Randy Spitz 11/02/23 556.93
89575 Murrays 11/02/23 6,407.06
89582 Optec Displays Inc 11/02/23 195.00
89583 Quadient Leasing USA, Inc 11/02/23 719.26
89584 Nestle Waters North America 11/02/23 534.81
89586 ROW Traffic Safety, Inc. 11/02/23 329.56
89587 Romans Construction Corp. 11/02/23 247,036.37
89590 Vulcan Materials Company Inc. 11/02/23 9,300.86
89592 United States Postal Service 11/08/23 5,000.00
89593 San Bernardino County Sheriff's Dept 11/08/23 490,901.00 89594 City of Big Bear Lake 11/08/23 184.08
89595 City of Big Bear Lake Dept of Water & Power 11/08/23 2,922.99 89596 Big Bear Disposal Inc 11/08/23 279,227.17
89597 BlackHole Technologies Inc 11/08/23 1,949.45
89598 Bravo Arts Solutions LLC 11/08/23 157.85
89599 Butchers Blocks & Building Materials 11/08/23 392.16 89600 Bear Valley Electric 11/08/23 6,489.27
89601 Caplinked, Inc. 11/08/23 2,600.00
89602 Cintas Corporation 11/08/23 606.64
89604 Rosemary E De Lap 11/08/23 1,206.72
89605 Lumber City Corp. 11/08/23 210.06
89606 Docu‐Trust 11/08/23 55.00
89608 Frontier Communications 11/08/23 63.11
89609 Goldak 11/08/23 1,776.02
City of Big Bear Lake
Checks Issued 10/27/2023 ‐ 11/30/2023
Item 1.1
Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 10/27/2023 ‐ 11/30/2023
89610 Golden Bell Products, Inc 11/08/23 3,499.08
89611 Grainger Inc. 11/08/23 1,687.88
89612 Haaker Equipment Co. Inc. 11/08/23 1,210.42
89614 Intelesys One, Inc. 11/08/23 10,538.88
89615 Hitchin Lucerne, Inc. 11/08/23 522.65
89616 Mission Linen Supply Inc. 11/08/23 838.90
89617 Motive Energy 11/08/23 13,609.71
89618 Mountain Water Co 11/08/23 112.00
89619 Orkin Pest Control 11/08/23 291.98
89620 Parkhouse Tire, Inc. 11/08/23 1,627.56
89622 Uline 11/08/23 301.14
89623 United Rentals (North America), Inc 11/08/23 1,711.71 89624 US Bank Corporate Payment Systems 11/08/23 24,302.16 89625 Vulcan Materials Company Inc. 11/08/23 2,385.85
89626 San Bernardino County Clerk of the Board of Supervisors 11/16/23 50.00 89627 San Bernardino County Vehicle Svcs Dept 11/16/23 10,707.73 89628 4Imprint 11/16/23 399.63
89629 Birtcher Anderson & Davis Assoc Inc. 11/16/23 9,303.24 89630 Jessica Brasher 11/16/23 300.00
89632 Bear Valley Electric 11/16/23 5,895.42
89633 Bear Valley Printing Inc 11/16/23 373.63
89634 Kylar Carmondy 11/16/23 300.00
89635 Steve Cassling 11/16/23 500.00
89636 Charter Communications Holdings, LLC 11/16/23 3,227.07 89638 Cintas Corporation 11/16/23 326.04
89639 Jodi Cline 11/16/23 300.00
89640 Crafco Inc. 11/16/23 2,004.15
89641 Final Touch Construction & Design Inc. 11/16/23 373,932.25 89642 Charles G. Francisco 11/16/23 100.00
89643 Franklin Truck Parts, Inc 11/16/23 1,922.94
89644 Frontier Communications 11/16/23 2,310.54
89645 Grainger Inc. 11/16/23 979.53
89646 Intelesys One, Inc. 11/16/23 1,874.25
89647 MTS Partners Inc 11/16/23 197.19
89648 Diane Sloan Kubeja 11/16/23 50.00
89649 Lynn Merrill And Associates, Inc. 11/16/23 2,307.81 89652 Mission Linen Supply Inc. 11/16/23 943.79
89653 Mountain Trophy & Pro Shop 11/16/23 38.79
89654 Orkin Pest Control 11/16/23 125.00
89655 Safe Sidewalks Incorporated 11/16/23 58,349.00
89657 Robertson's Ready Mix 11/16/23 5,023.31
89658 Romans Construction Corp. 11/16/23 4,050.00
89659 Sancon Technologies, Inc. 11/16/23 277,105.50
89661 Lisa Stanley 11/16/23 1,100.00
89662 Statewide Traffic Safety and Signs Inc 11/16/23 2,959.26 89663 Triple Crown Products, Inc. 11/16/23 2,797.89
89664 Uline 11/16/23 3,273.52
89665 Valero Marketing & Supply Co 11/16/23 196.51
Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 10/27/2023 ‐ 11/30/2023
89666 Theresa Vasquez 11/16/23 2,800.00
89667 Vulcan Materials Company Inc. 11/16/23 4,107.39
89669 Tori Waner 11/16/23 300.00
89670 Waxie Sanitary Supply Inc. 11/16/23 4,594.36
89672 Willdan Engineering Inc 11/16/23 47,315.00
89681 TASC Client Invoices 11/16/23 88.35
89688 Emily Workman 11/21/23 100.00
89689 All Protection Alarm 11/30/23 2,007.99
89690 American Auto Body LLC 11/30/23 2,500.00
89691 A Performance Towing Inc 11/30/23 300.00
89692 AW Direct 11/30/23 171.45
89693 Big Bear Chamber of Commerce 11/30/23 80.21
89694 Best Best & Krieger LLP 11/30/23 49,196.02
89695 Clifford Fowler 11/30/23 38,657.68
89696 Butchers Blocks & Building Materials 11/30/23 126.23 89697 Bear Valley Electric 11/30/23 5,465.13
89698 Bear Valley Printing Inc 11/30/23 308.44
89699 Bear Valley Tree Care, Inc. 11/30/23 4,612.50
89700 Charter Communications Holdings, LLC 11/30/23 83.51 89702 Lumber City Corp. 11/30/23 798.31
89703 Ewing 11/30/23 502.70
89704 Fisher Integrated, Inc. 11/30/23 2,400.00
89705 Extra Space Management Inc 11/30/23 991.00
89706 Grainger Inc. 11/30/23 91.13
89707 The Grizzly 11/30/23 2,762.00
89708 MTS Partners Inc 11/30/23 452.55
89709 League of California Cities 11/30/23 160.00
89711 Marlin Business Bank 11/30/23 1,616.02
89713 Mile High Equipment, Inc. 11/30/23 1,893.10
89714 Mission Linen Supply Inc. 11/30/23 1,174.55
89715 Municipal Maintenance Equipment 11/30/23 3,704.56 89716 Michael Marcotte 11/30/23 275.00
89717 Randy Spitz 11/30/23 82.00
89718 Genuine Auto Parts 11/30/23 195.16
89719 Orkin Pest Control 11/30/23 131.99
89720 Quill Corporation 11/30/23 819.73
89721 RDO Equipment Co 11/30/23 56,771.92
89722 Ring Central 11/30/23 2,602.55
89723 Rochester Midland Corporation 11/30/23 611.64
89724 Romans Construction Corp. 11/30/23 7,732.00
89725 Siterep Construction Services Inc. 11/30/23 94,279.04 89727 Southwest Gas Corporation 11/30/23 4,999.34
89728 United Rentals (North America), Inc 11/30/23 7,334.07 89729 Verizon Wireless 11/30/23 996.47
ACH AccuSource, Inc. 11/30/23 235.25
ACH Bynette L Mote 11/08/23 864.89
ACH Daniel Schonberg 11/30/23 1,500.00
ACH Gary Payne 11/02/23 440.00
Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 10/27/2023 ‐ 11/30/2023
ACH Gary Payne 11/16/23 4,000.00
ACH Phase II Systems 11/16/23 2,202.80
ACH Randall Putz 11/08/23 139.26
ACH S Porter Inc 11/02/23 192,114.87
ACH S Porter Inc 11/16/23 68,053.75
ACH What's Up Big Bear 11/02/23 180.00
2,701,564.34
Check# Vendor/Employee Transaction Amount
City Council 4110
89624 US Bank Corporate Payment Systems League Conference Exp/State of the County Event Reg/Meeting Provisions 11/08/23 2,402.52 89709 League of California Cities Desert Mountain Division Meeting 11/30/23 80.00 ACH Bynette L Mote League Conference Expense Reimbursement 11/08/23 864.89 ACH Randall Putz League Conference Expense Reimbursement 11/08/23 139.26 City Council Total 3,486.67
City Manager 4120
89624 US Bank Corporate Payment Systems League Conference Exp/Meeting Provisions/Business Cards/Digital Subscriptions 11/08/23 303.80 89709 League of California Cities Desert Mountain Division Meeting 11/30/23 40.00 City Manager Total 343.80
City Clerk 4130
89366 California State Highway Patrol Signature Event Expense ‐ Halloween in the Village 11/08/23 44.08 89606 Docu‐Trust Document Storage 11/08/23 55.00
89624 US Bank Corporate Payment Systems Signature Events/Mtg Provisions/Promotional Advertisements/Office Supplies 11/08/23 2,621.51 89628 4Imprint Promotional Items 11/16/23 399.63
89630 Jessica Brasher Signature Event Expense ‐ Christmas in the Village 11/16/23 300.00 89634 Kylar Carmondy Signature Event Expense ‐ Christmas in the Village 11/16/23 300.0089635 Steve Cassling Signature Event Expense ‐ Christmas in the Village 11/16/23 500.0089639 Jodi Cline Signature Event Expense ‐ Christmas in the Village 11/16/23 300.00 89642 Charles G. Francisco Signature Event Expense ‐ Christmas in the Village 11/16/23 100.00 89648 Diane Sloan Kubeja Signature Event Expense ‐ Christmas in the Village 11/16/23 50.00 89661 Lisa Stanley Signature Event Expense ‐ Christmas in the Village 11/16/23 1,100.00 89666 Theresa Vasquez Signature Event Expense ‐ Christmas in the Village 11/16/23 2,800.00 89669 Tori Waner Signature Event Expense ‐ Christmas in the Village 11/16/23 300.00 89688 Emily Workman Signature Event Expense ‐ Christmas in the Village 11/21/23 100.00 ACH Daniel Schonberg Professional Graphic Design Services 11/30/23 1,500.00 ACH Gary Payne Signature Event Expense ‐ Christmas in the Village 11/16/23 4,000.00 14,470.22
Finance 4140
89562 HdL Coren & Cone Professional Services 11/02/23 4,502.53 89624 US Bank Corporate Payment Systems Office Supplies 11/08/23 34.14 Finance Services Total 4,536.67
Human Resources 4150
89540 Espyr EAP Services 11/02/23 204.6089543 Department of Justice Fingerprint Apps 11/02/23 64.00 89549 Big Bear Lake Urgent Care Inc Recruitment Expense 11/02/23 540.00 89554 Eastern Ventura Medical Group, Inc. Recruitment Expense 11/02/23 30.00 89557 Dial M Productions Employee Appreciation Event 11/02/23 2,425.00 89575 Murrays Employee Appreciation Event 11/02/23 6,407.06 89594 City of Big Bear Lake Employee Appreciation Event 11/08/23 140.00 89624 US Bank Corporate Payment Systems Commercial Driving Training/Conference Exp/EE Appreciation/Recruitment Exp 11/08/23 10,643.25 89681 TASC Client Invoices Administrative Fees 11/16/23 88.35 89690 American Auto Body LLC Vehicle Repair Damage Claim 11/30/23 2,500.00 City of Big Bear Lake
Expenditure By Department
Checks Issued 10/27/2023 ‐ 11/30/2023
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/27/2023 ‐ 11/30/2023
89707 The Grizzly Recruitment Expense 11/30/23 542.75
89709 League of California Cities Desert Mountain Division Meeting 11/30/23 40.00 ACH AccuSource, Inc. Recruitment Expense 11/30/23 235.25 ACH Phase II Systems PARS Administrative Fees 11/16/23 2,202.80 Human Resources Total 26,063.06
City Attorney 4170
89548 Best Best & Krieger LLP Professional Legal Services 11/02/23 32,759.98 89556 Dapeer Rosenblit & Litvak LLP Professional Legal Services 11/02/23 15,395.6889694 Best Best & Krieger LLP Professional Legal Services 11/30/23 49,196.0289707 The Grizzly Legal Notices 11/30/23 2,219.25 City Attorney Total 99,570.93
Traffic Safety 4230
89632 Bear Valley Electric Electricity Usage 11/16/23 198.6889697 Bear Valley Electric Electricity Usage 11/30/23 428.95 Traffic Safety Total 627.63
Law Enforcement 4250
89593 San Bernardino County Sheriff's Dept Monthly Sheriff Contract 11/08/23 490,901.00 Law Enforcement Total 490,901.00
Animal Regulation 4260
89654 Orkin Pest Control Pest Control Service 11/16/23 125.00 Animal Regulation Total 125.00
Engineering 4310
89550 Butchers Blocks & Building Materials Materials/Supplies 11/02/23 32.31 89561 Grainger Inc. Materials/Supplies 11/02/23 146.5489571 Merrell Johnson Engineering Inc Professional Services 11/02/23 670.50 89624 US Bank Corporate Payment Systems Meeting Provisions/Fuel Charges/Mailers 11/08/23 356.01 89626 San Bernardino County Clerk of the Board of Supervisors Notice of Exemption Filing Fee 11/16/23 50.00 89698 Bear Valley Printing Inc Rathbun Creek Trail Ribbon Cutting Signage 11/30/23 235.94 Engineering Total 1,491.30
Street Maintenance 4320
89545 San Bernardino County Solid Waste Mgmt Division Solid Waste Collection 11/02/23 13.88 89550 Butchers Blocks & Building Materials Materials/Supplies 11/02/23 145.13 89553 Calolympic Glove & Safety Co Materials/Supplies 11/02/23 732.06 89555 Cutting Edge Supply Snow Removal Expense 11/02/23 13,514.05 89573 Mission Linen Supply Inc. Laundry Service 11/02/23 304.8089574 Randy Spitz Meeting Supplies 11/02/23 556.9389584 Nestle Waters North America Drinking Water 11/02/23 267.4089586 ROW Traffic Safety, Inc. Signs 11/02/23 329.56 89590 Vulcan Materials Company Inc. Materials/Supplies 11/02/23 9,300.86 89597 BlackHole Technologies Inc GPS Monthly Service 11/08/23 1,949.4589599 Butchers Blocks & Building Materials Materials/Supplies 11/08/23 162.49 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/27/2023 ‐ 11/30/2023
89605 Lumber City Corp. Materials/Supplies 11/08/23 74.15 89611 Grainger Inc. Materials/Supplies 11/08/23 492.2089615 Hitchin Lucerne, Inc. Materials/Supplies 11/08/23 522.6589616 Mission Linen Supply Inc. Laundry Service 11/08/23 335.56 89617 Motive Energy Solar System Maintenance 11/08/23 2,944.29 89625 Vulcan Materials Company Inc. Materials/Supplies 11/08/23 2,385.85 89627 San Bernardino County Vehicle Svcs Dept Fuel Charges 11/16/23 5,484.07 89638 Cintas Corporation First Aid Supplies 11/16/23 163.02 89640 Crafco Inc. Materials/Supplies 11/16/23 2,004.1589643 Franklin Truck Parts, Inc Snow Removal Expense 11/16/23 1,922.94 89645 Grainger Inc. Materials/Supplies 11/16/23 979.5389652 Mission Linen Supply Inc. Laundry Service 11/16/23 377.5189662 Statewide Traffic Safety and Signs Inc Snow Poles 11/16/23 2,959.26 89663 Triple Crown Products, Inc. City Logo Apparel 11/16/23 1,865.07 89665 Valero Marketing & Supply Co Fuel Charges 11/16/23 196.51 89667 Vulcan Materials Company Inc. Materials/Supplies 11/16/23 4,107.39 89670 Waxie Sanitary Supply Inc. Janitorial Supplies 11/16/23 1,152.84 89689 All Protection Alarm Alarm Monitoring 11/30/23 468.63 89691 A Performance Towing Inc Locksmith Services 11/30/23 300.00 89695 Clifford Fowler Snow Removal Expense 11/30/23 38,657.68 89696 Butchers Blocks & Building Materials Materials/Supplies 11/30/23 60.33 89700 Charter Communications Holdings, LLC Cable Service 11/30/23 83.51 89702 Lumber City Corp. Materials/Supplies 11/30/23 213.56 89705 Extra Space Management Inc Storage Rental Spaces 11/30/23 991.00 89706 Grainger Inc. Materials/Supplies 11/30/23 45.87
89714 Mission Linen Supply Inc. Laundry Service 11/30/23 366.38 89715 Municipal Maintenance Equipment Snow Removal Expense 11/30/23 3,704.5689719 Orkin Pest Control Pest Control Service 11/30/23 131.9989723 Rochester Midland Corporation Janitorial Supplies 11/30/23 152.9189728 United Rentals (North America), Inc Snow Removal Expense 11/30/23 156.45 PW: Street Maintenance Total 100,576.47
Vehicle Maintenance 4325
89573 Mission Linen Supply Inc. Laundry Service 11/02/23 38.10 89595 City of Big Bear Lake Dept of Water & Power Water Usage 11/08/23 142.41 89616 Mission Linen Supply Inc. Laundry Service 11/08/23 41.95 89620 Parkhouse Tire, Inc. Tires 11/08/23 1,627.5689623 United Rentals (North America), Inc Vehicle Repair Parts 11/08/23 1,711.71 89624 US Bank Corporate Payment Systems Vehicle Maintenance 11/08/23 28.0089652 Mission Linen Supply Inc. Laundry Service 11/16/23 47.21 89692 AW Direct Materials/Supplies 11/30/23 171.45
89697 Bear Valley Electric Electricity Usage 11/30/23 37.76 89706 Grainger Inc. Materials/Supplies 11/30/23 18.73
89714 Mission Linen Supply Inc. Laundry Service 11/30/23 45.81 89727 Southwest Gas Corporation Natural Gas Usage 11/30/23 915.45 PW: Vehicle Maintenance Total 4,826.14
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/27/2023 ‐ 11/30/2023
Street Lighting 4330
89600 Bear Valley Electric Electricity Usage 11/08/23 5,791.1489632 Bear Valley Electric Electricity Usage 11/16/23 137.9689697 Bear Valley Electric Electricity Usage 11/30/23 929.63 PW: Street Lighting Total 6,858.73
Parking Lots / Chamber Building 4335
89550 Butchers Blocks & Building Materials Materials/Supplies 11/02/23 24.38 89551 Bear Valley Electric Electricity Usage 11/02/23 3,839.2289595 City of Big Bear Lake Dept of Water & Power Water Usage 11/08/23 425.95 89596 Big Bear Disposal Inc Portable Restroom Rentals 11/08/23 564.82 89599 Butchers Blocks & Building Materials Materials/Supplies 11/08/23 117.36 89619 Orkin Pest Control Pest Control Service 11/08/23 94.99 89632 Bear Valley Electric Electricity Usage 11/16/23 667.08 89636 Charter Communications Holdings, LLC Security Camera Internet Service 11/16/23 239.96 89670 Waxie Sanitary Supply Inc. Janitorial Supplies 11/16/23 1,152.84 89693 Big Bear Chamber of Commerce Natural Gas Usage 11/30/23 80.21 89697 Bear Valley Electric Electricity Usage 11/30/23 2,335.0389723 Rochester Midland Corporation Janitorial Supplies 11/30/23 152.91 PW: Parking Lots/Chamber Total 9,694.75
Planning 4410
89624 US Bank Corporate Payment Systems CALED & ICSC Annual Memberships/Offices Supplies/Business Cards 11/08/23 886.14 89653 Mountain Trophy & Pro Shop Slider Name Plate 11/16/23 38.79 Planning Total 924.93
Planning Commission 4411
89633 Bear Valley Printing Inc Zoning Maps 11/16/23 373.63 Planning Commission Total 373.63
Neighborhood Preservation 4415
89624 US Bank Corporate Payment Systems Outdoor Lighting Compliance Meter 11/08/23 53.31 89627 San Bernardino County Vehicle Svcs Dept Fuel Charges 11/16/23 1,248.49 1,301.80
Building & Safety 4430
89627 San Bernardino County Vehicle Svcs Dept Fuel Charges 11/16/23 66.15 89672 Willdan Engineering Inc Professional Services 11/16/23 47,315.00 89720 Quill Corporation Office Supplies 11/30/23 819.73 Building & Safety Total 48,200.88
PAC Administration 4610
89598 Bravo Arts Solutions LLC Ticket Printing Fees 11/08/23 157.85 157.85
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/27/2023 ‐ 11/30/2023
City Parks & Trails 4625
89546 City of Big Bear Lake Dept of Water & Power Water Usage 11/02/23 393.55 89551 Bear Valley Electric Electricity Usage 11/02/23 810.48 89587 Romans Construction Corp. Trash Receptacles 11/02/23 2,200.00 89595 City of Big Bear Lake Dept of Water & Power Water Usage 11/08/23 955.29 89599 Butchers Blocks & Building Materials Materials/Supplies 11/08/23 46.38 89605 Lumber City Corp. Materials/Supplies 11/08/23 24.16 89632 Bear Valley Electric Electricity Usage 11/16/23 1,200.3589636 Charter Communications Holdings, LLC Security Camera Internet Service 11/16/23 409.94 89670 Waxie Sanitary Supply Inc. Janitorial Supplies 11/16/23 1,105.54 89689 All Protection Alarm Alarm Monitoring 11/30/23 192.30 89697 Bear Valley Electric Electricity Usage 11/30/23 221.24 89703 Ewing Irrigation Supplies 11/30/23 251.35
89723 Rochester Midland Corporation Janitorial Supplies 11/30/23 152.91 7,963.49
General Government 4800
89583 Quadient Leasing USA, Inc Mailing Machine Lease 11/02/23 719.2689592 United States Postal Service Postage Refill 11/08/23 5,000.0089602 Cintas Corporation First Aid Supplies 11/08/23 225.20 89618 Mountain Water Co Water Dispenser Rental & Water 11/08/23 112.00 89624 US Bank Corporate Payment Systems Replacement Office Desk & Blinds/Aerial Picture/Business Cards 11/08/23 3,726.52 89717 Randy Spitz Meeting Supplies 11/30/23 82.00
General Government Total 9,864.98
Information Technology 4810
89564 MTS Partners Inc Toner 11/02/23 819.9989565 JustFOIA Inc Annual PRA Software Subscription 11/02/23 2,598.75 89582 Optec Displays Inc Marquee Sign Annual Data Plan 11/02/23 195.00 89601 Caplinked, Inc. Annual Software Subscription 11/08/23 2,600.00 89608 Frontier Communications Telephone Service 11/08/23 63.11 89614 Intelesys One, Inc. IT Services/License Fees/Support 11/08/23 10,538.88 89624 US Bank Corporate Payment Systems Monthly Subscriptions/Computer Equipment/Standing Desk 11/08/23 2,746.02 89636 Charter Communications Holdings, LLC High Speed Internet 11/16/23 2,457.19 89644 Frontier Communications Telephone Service 11/16/23 1,858.62 89646 Intelesys One, Inc. IT Services 11/16/23 1,874.25 89647 MTS Partners Inc Toner 11/16/23 197.19
89704 Fisher Integrated, Inc. Video Streaming 11/30/23 2,400.00 89708 MTS Partners Inc Toner 11/30/23 452.55
89711 Marlin Business Bank Copier Lease 11/30/23 1,616.02 89722 Ring Central Communication Services 11/30/23 2,602.5589729 Verizon Wireless Cell Phone Service 11/30/23 996.47 Technology Services Total 34,016.59
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/27/2023 ‐ 11/30/2023
Civic Center 4820
89550 Butchers Blocks & Building Materials Materials/Supplies 11/02/23 30.18 89573 Mission Linen Supply Inc. Laundry Service 11/02/23 53.34 89595 City of Big Bear Lake Dept of Water & Power Water Usage 11/08/23 432.36 89599 Butchers Blocks & Building Materials Materials/Supplies 11/08/23 65.93 89602 Cintas Corporation AED Lease 11/08/23 381.4489604 Rosemary E De Lap Locksmith Services 11/08/23 1,206.72 89605 Lumber City Corp. Materials/Supplies 11/08/23 20.49 89616 Mission Linen Supply Inc. Laundry Service 11/08/23 58.72 89617 Motive Energy Solar System Maintenance 11/08/23 10,665.42 89619 Orkin Pest Control Pest Control Service 11/08/23 196.99 89627 San Bernardino County Vehicle Svcs Dept Fuel Charges 11/16/23 1,774.32 89636 Charter Communications Holdings, LLC Security Camera Internet Service 11/16/23 119.98 89652 Mission Linen Supply Inc. Laundry Service 11/16/23 66.06 89670 Waxie Sanitary Supply Inc. Janitorial Supplies 11/16/23 1,152.84 89689 All Protection Alarm Alarm Monitoring 11/30/23 1,214.22 89696 Butchers Blocks & Building Materials Materials/Supplies Credit 11/30/23 ‐11.90 89697 Bear Valley Electric Electricity Usage 11/30/23 576.18 89702 Lumber City Corp. Materials/Supplies 11/30/23 7.26 89714 Mission Linen Supply Inc. Laundry Service 11/30/23 64.11 89716 Michael Marcotte Maintenance & Repairs 11/30/23 275.00 89723 Rochester Midland Corporation Janitorial Supplies 11/30/23 152.9189727 Southwest Gas Corporation Natural Gas Usage 11/30/23 1,427.48 Civic Center Total 19,930.05
PAC Operations & Maintenance 4821
89689 All Protection Alarm Alarm Monitoring 11/30/23 132.84 89697 Bear Valley Electric Electricity Usage 11/30/23 192.0689727 Southwest Gas Corporation Natural Gas Usage 11/30/23 434.45 ACH Gary Payne Theatre Maintenance & Support 11/02/23 440.00 ACH What's Up Big Bear Theatre Support 11/02/23 180.00
PAC Operations & Maintenance Total 1,379.35
Sanitation 250
89550 Butchers Blocks & Building Materials Materials/Supplies 11/02/23 161.08 89551 Bear Valley Electric Electricity Usage 11/02/23 151.6389553 Calolympic Glove & Safety Co Materials/Supplies 11/02/23 732.06 89573 Mission Linen Supply Inc. Laundry Service 11/02/23 304.80 89584 Nestle Waters North America Drinking Water 11/02/23 267.4189595 City of Big Bear Lake Dept of Water & Power Water Usage 11/08/23 50.70 89600 Bear Valley Electric Electricity Usage 11/08/23 698.13 89609 Goldak EMS Marker Locator 11/08/23 1,776.02
89610 Golden Bell Products, Inc Materials/Supplies 11/08/23 3,499.0889611 Grainger Inc. Materials/Supplies 11/08/23 492.2589612 Haaker Equipment Co. Inc. Maintenance & Repairs 11/08/23 1,210.42 89616 Mission Linen Supply Inc. Laundry Service 11/08/23 335.56 89624 US Bank Corporate Payment Systems CWEA License Renewal 11/08/23 98.00 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/27/2023 ‐ 11/30/2023
89627 San Bernardino County Vehicle Svcs Dept Fuel Charges 11/16/23 2,134.70 89632 Bear Valley Electric Electricity Usage 11/16/23 2,902.7589638 Cintas Corporation First Aid Supplies 11/16/23 163.02 89644 Frontier Communications Telephone Service 11/16/23 451.92 89652 Mission Linen Supply Inc. Laundry Service 11/16/23 377.5189663 Triple Crown Products, Inc. City Logo Apparel 11/16/23 932.82 89696 Butchers Blocks & Building Materials Materials/Supplies 11/30/23 17.07 89697 Bear Valley Electric Electricity Usage 11/30/23 744.28 89702 Lumber City Corp. Materials/Supplies 11/30/23 97.59 89706 Grainger Inc. Materials/Supplies 11/30/23 26.53
89713 Mile High Equipment, Inc. Camera Excavation 11/30/23 1,893.1089714 Mission Linen Supply Inc. Laundry Service 11/30/23 624.98 89718 Genuine Auto Parts Vehicle Repair Parts 11/30/23 195.16 89727 Southwest Gas Corporation Natural Gas Usage 11/30/23 915.39 Sanitation Total 21,253.96
Property Lease General Operations 255
89629 Birtcher Anderson & Davis Assoc Inc. Improvement Plan Feasibility Study 11/16/23 9,303.24 89658 Romans Construction Corp. Road Paving 11/16/23 3,750.00 89699 Bear Valley Tree Care, Inc. Tree Trimming Services 11/30/23 4,612.50 Property Lease General Operations Total 17,665.74
Village Streetscape Maintenance 291
89551 Bear Valley Electric Electricity Usage 11/02/23 684.0689595 City of Big Bear Lake Dept of Water & Power Water Usage 11/08/23 916.28 89596 Big Bear Disposal Inc Village Litter Containers 11/08/23 2,253.70 89605 Lumber City Corp. Materials/Supplies 11/08/23 91.26 89611 Grainger Inc. Materials/Supplies 11/08/23 703.4389622 Uline Materials/Supplies 11/08/23 301.14 89624 US Bank Corporate Payment Systems Village Fire Pit Wood Logs 11/08/23 402.94 89632 Bear Valley Electric Electricity Usage 11/16/23 788.60 89664 Uline Materials/Supplies 11/16/23 295.07
89670 Waxie Sanitary Supply Inc. Materials/Supplies 11/16/23 30.30 89696 Butchers Blocks & Building Materials Materials/Supplies 11/30/23 60.73 89698 Bear Valley Printing Inc Village Litter Containers Signage 11/30/23 72.50 89702 Lumber City Corp. Materials/Supplies 11/30/23 479.90 89703 Ewing Irrigation Supplies 11/30/23 251.35
89727 Southwest Gas Corporation Natural Gas Usage 11/30/23 1,306.57 89728 United Rentals (North America), Inc Equipment Rentals 11/30/23 7,177.62 Village Streetscape Maintenance Total 15,815.45
Capital Projects 321
89558 Joe Eden Civic Center ADA Upgrades 11/02/23 13,000.00 89560 Gibson Transportation Consulting, Inc. Castle Rock Trailhead Project 11/02/23 7,130.0089587 Romans Construction Corp. Stanfield Parking Lot Project 11/02/23 244,836.37 89596 Big Bear Disposal Inc Rathbun Creek Trail Project 11/08/23 65.00 89641 Final Touch Construction & Design Inc. City Hall Roof Restoration Project 11/16/23 373,932.25 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/27/2023 ‐ 11/30/2023
89655 Safe Sidewalks Incorporated Sidewalk Improvements Project 11/16/23 58,349.00 89657 Robertson's Ready Mix Rathbun Creek Trail Project 11/16/23 5,023.3189658 Romans Construction Corp. Boulder Bay Park Improvements 11/16/23 300.0089659 Sancon Technologies, Inc. Sanitary Sewer Cured‐in‐Place Pipe Project (CIPP) 11/16/23 277,105.50 89664 Uline Rathbun Creek Trail Project 11/16/23 2,978.45 89721 RDO Equipment Co Equipment Acquisitions/Replacements 11/30/23 56,771.92 89724 Romans Construction Corp. Sanitation Infrastructure 11/30/23 7,732.00 89725 Siterep Construction Services Inc. Boulder Bay Park Improvements 11/30/23 94,279.04 ACH S Porter Inc Rathbun Creek Trail Project/Christmas Tree Lot Improvement Project 11/02/23 188,614.87 Capital Projects Total 1,330,117.71
Street Improvement Projects 350
89552 Bear Valley Paving, Inc. Annual Street Rehabilitation Project 11/02/23 71,719.60 ACH S Porter Inc Moonridge Corridor Project 11/02/23 3,500.00ACH S Porter Inc Moonridge Corridor Project 11/16/23 68,053.75 Capital Projects/ Street Improvements Total 143,273.35
Refuse 550
89544 San Bernardino County Fire Protection District Household Hazardous Waste Removal 11/02/23 5,992.22 89569 Lynn Merrill And Associates, Inc. Professional Services 11/02/23 831.69 89573 Mission Linen Supply Inc. Laundry Service 11/02/23 60.96 89596 Big Bear Disposal Inc Residential Curb/Bin Service 11/08/23 276,343.65 89616 Mission Linen Supply Inc. Laundry Service 11/08/23 67.11 89649 Lynn Merrill And Associates, Inc. Professional Services 11/16/23 2,307.81 89652 Mission Linen Supply Inc. Laundry Service 11/16/23 75.50 89714 Mission Linen Supply Inc. Laundry Service 11/30/23 73.27 Refuse Total 285,752.21
2,701,564.34
DISTRIBUTION OF TREASURY CASH Rate Amount % of Total
Demand Account - Union Bank $ 3,837,131 14.95%
Imprest Cash - Union Bank Payroll $ 5,342 0.02%
Imprest Cash $ 1,500 0.01%
Dental Self Insured Checking $ 162,241 0.63%
Local Agency Investment Fund (LAIF) 3.670% 21,661,795 $ 84.39% Total Cash In Treasury: $ 25,668,009 100.00%
INVESTMENT ACTIVITY Days Deposits Withdrawals
LAIF Average Life (Days) of Portfolio 256
LAIF Transactions $222,344 $2,250,000
Interest Received for Fiscal Year 2023-24 $222,344
DISTRIBUTION OF CASH BY FUND October 2023 September 2023 Change General $ 20,340,947 $ 22,885,775 $ (2,544,828)
Sanitation $ 4,610,027 $ 5,342,695 $ (732,668)
Capital Improvement $ (491,409) $ (2,407,072) $ 1,915,663 Refuse $ 22,199 $ 383,924 $ (361,725)
Trust $ 643,283 $ 1,124,551 $ (481,268)
Successor Agency $ 114,724 $ 114,724 $ -
AB 3229 Supp Law Enforce $ 428,238 $ 322,910 $ 105,328
Total Cash in Treasury: $ 25,668,009 $ 27,767,507 $ (2,099,498) CASH WITH FISCAL AGENT - RESERVE FUNDS Cost Basis Market Value Current Yield 2005 Revenue Refunding Bonds
Big Bear Lake Reserve Fund $ 585,606 $ 585,606 5.24%
Moonridge Reserve Fund $ 83,411 $ 83,411 5.24%
1999 IA Tax Allocation Bonds $ 289,289 $ 289,289 5.24%
- 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
October 31, 2023

MEETING
DATE: December 13, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Kelly Ent, Deputy City Manager/Chief Financial Officer SUBJECT: Resolution Authorizing Examination of Sales and Use Tax Records

BACKGROUND & DISCUSSION
On July 26, 1989, the City Council approved Resolution No. 89-47 authorizing certain City officials and designating the firm of Hinderliter, de Llamas & Associates (now HdL Companies) to examine sales and use tax records pursuant to California Revenue and Taxation Code Section 7056. Since that time, the resolution has been updated twice (Resolution Nos. 2004-33 and 2020- 02) to align titles with those included in the organizational structure. Additional organizational changes are incorporated into the adopted budget for Fiscal Year 2023-24. As such, it is recommended that the resolution be updated to include those positions authorized to access and examine sales and use tax data and the purpose for such examination.

FISCAL IMPACT
There is no fiscal impact to update this resolution.

ENVIRONMENTAL CONSIDERATION
This action has no impact pursuant to the California Environmental Quality Act (CEQA).

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with Strategic Priority Goal No. 1, to “ensure fiscal responsibility.”

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution updating those positions authorized to examine sales and use tax records and rescinding all prior resolutions adopted pursuant to subdivision (b) of the Revenue and Taxation Code Section 7056.

ATTACHMENT

1. Resolution No. 2023-XX
Item 1.2
RESOLUTION NO. 2023-XX

RESOLUTION AUTHORIZING EXAMINATION OF

SALES AND USE TAX RECORDS
WHEREAS, the City of Big Bear Lake was incorporated on November 28, 1980; and, WHEREAS, pursuant to Ordinance No. 80-08, the City of Big Bear Lake entered into a contract with the State Board of Equalization, now known as California Department of Fee and Tax Administration (Department), to perform all functions incident to the administration and collection of local sales and use taxes; and,
WHEREAS, the City Council of the City of Big Bear Lake deems it desirable and necessary for authorized officers, employees, and representatives of the City to examine confidential sales and use tax records of the Department pertaining to sales and use taxes collected by the Department for the City pursuant to that contract; and,
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Department.

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

Section 1. That the City Manager, Assistant City Manager, Deputy City Manager, Chief Financial Officer, Finance Director, Finance Manager, Finance Supervisor, Economic Development Manager, Administrative Analyst assigned to the City Manager’s Office for the City of Big Bear Lake, or other officer or employee of the City designated in writing by the Chief Financial Officer to the California Department of Fee and Taxation Administration (Department) is hereby appointed to represent the City with authority to examine sales and use tax records of the Department pertaining to sales and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City:
a) Budget planning;
b) Economic development;
c) Community development; and
d) Transportation planning.

Section 3. That HdL Companies is hereby designated to examine the sales and use tax records of the Department pertaining to sales and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the HdL Companies:

Item 1.2
Attachment 1
a) has an existing contract with the City to examine those sales and use tax records; b) is required by the contract to disclose information contained in, or derived from, those sales and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information;
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and
d) is prohibited by that contract from retaining the information contained in, or derived from those sales and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records, shall be used only for purposes related to the collection of City sales and use tax by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in Section 2 of this resolution.

Section 4. That HdL Companies is hereby designated to examine the sales and use tax records of the Department pertaining to any petition or appeal for the reallocation/redistribution of sales and use taxes that was filed by HdL Companies on behalf of the City pursuant to the contract between the HdL Companies and City. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and HdL Companies.
a) has an existing contract with the City to examine those sales and use tax records; b) is required by the contract to disclose information contained in, or derived from, those sales and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information;
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and
d) is prohibited by that contract from retaining the information contained in, or derived from those sales and use tax records, after that contract has expired.

Section 5. That this resolution supersedes all prior resolutions of the City Council of the City of Big Bear Lake adopted pursuant to subdivision (b) of Revenue and Taxation Code Section 7056.

PASSED, APPROVED AND ADOPTED this 13th day of December, 2023.

Randall Putz, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 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 13th day of December, 2023 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

BACKGROUND & DISCUSSION
Per the City Council’s Policy, Procedures and Rules of Order Manual, “Any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council.” Due to the upcoming City Hall holiday schedule and our current limited staffing resources, it would be difficult to prepare the January 10, 2024 agenda packet and meet the legal noticing requirements to conduct that regular meeting. Therefore, staff is requesting that the City Council take action to cancel the January 10, 2024 Regular City Council Meeting. In place of conducting the January 2024 meeting, staff is proposing that the Mayor adjourn the December 13, 2023 Regular City Council Meeting to an Adjourned Regular City Council Meeting to be held on December 19, 2023. This proposed second meeting in December would include all of the priority agenda items that were originally scheduled to be included on the January 10, 2024 agenda. As a reminder, the City Council would have the option to hold a Special Meeting later in January 2024, if there were an unexpected urgent issue that the City Council needed to promptly address.

FISCAL IMPACT
There is no negative financial impact related to this item.

ENVIRONMENTAL CONSIDERATION
This action has no impact pursuant to the California Environmental Quality Act (CEQA).

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

1. Ensures fiscal responsibility

2. Invest in attracting, retaining and developing staff, strive to deliver the best customer service

RECOMMENDED ACTION
It is recommended that the City Council cancel the previously scheduled January 10, 2024 Regular City Council Meeting.

Item 1.3

MEETING
DATE: December 13, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Andrew Mellon, Community Development Manager
SUBJECT: Resolution Extending the City’s Deadline to Establish an Online Permitting System for Post-Entitlement Phase Permits Under California Government Code Section 65913.3.5 (AB 2234)

BACKGROUND & DISCUSSION
California Assembly Bill 2234 (AB 2234) became effective on January 1, 2023, and enhances elements of existing legislation commonly referred to as the Permit Streamlining Act. Under AB 2234, new requirements have been added to the review process for local agencies related to ministerial post-entitlement phase permits related to housing development projects. As described within AB 2234, post-entitlement phase permits are all nondiscretionary permits and reviews filed after the entitlement process has been completed that are required or issued by the local agency to begin construction of a development that will be at least two-thirds residential. Examples of postentitlement phase permits include, but are not limited to: building permits, permits for minor or standard off-site improvements, permits for demolition, or permits for minor or standard excavation and grading.

AB 2234 imposes numerous requirements on a local agency’s review and processing of a postentitlement phase permit application, including posting application checklists and examples online, time limits to determine whether an application is complete, time limits to approve or deny an application, providing an applicant with the right to appeal the local agency’s decision, and implementing an online permitting system. Staff has worked throughout the year to implement the provisions of AB 2234; however, the establishment of an online permitting system is more challenging due to its cost and the associated implementation effort.

The legislation requires local agencies in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete and retrieve post-entitlement phase permits. The legislation will be phased in over several years based upon county population thresholds and as San Bernardino County has a population of greater than 750,000, the implementation deadline for local agencies in San Bernardino County, including Big Bear Lake, is January 1, 2024. The legislation does allow local agencies the opportunity to give themselves an extension of up to two years to January 1, 2026 so long that it can make required findings to support the extension.

In order to be eligible for the two-year extension, the City must do two things. First, the City must make a written finding that the establishment of an online permitting system by January 1, 2024 Item 1.4
would require substantial increases in permitting fees. Second, the City must have initiated a procurement process to obtain the necessary permitting system.

Implementing an online permitting system by the January 1, 2024 deadline would present several financial and logistical burdens for the City that, in turn, would require a substantial increase in permitting fees. The primary burden is that the City utilizes several outdated or ineffective systems for permitting and tracking purposes and certain elements of these software systems are greater than twenty (20) years old and are no longer serviced or updated by their developers. Ultimately, the achieve compliance with AB 2234, the City will need to purchase an entirely new software platform, which will be significantly costly and take considerable staff resources and support to implement. If these costs were to be calculated into the permit fees, they would result in substantial increases in those fees.

This proposed resolution makes the requisite findings and, if adopted by the City Council, will extend the City’s deadline to comply with the online permitting system requirement of AB 2234 until January 1, 2026. As required by AB 2234, the resolution also includes a direction to staff to initiate the procurement process necessary to comply with this requirement. The associated procurement process will be conducted in accordance with state law and the City’s applicable procurement policies.

FISCAL IMPACTS
There is no fiscal impact associated with this proposed action.

ENVIRONMENTAL CONSIDERATION
The adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priorities No. 3 as the eventual implementation of these enhancement will be a key element of the “strive to deliver the best customer service” as the eventual implementation of an online permitting system, in accordance with AB 2234, will improve the customer experience related to permits issued by the Community Development Department.

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Extending the Deadline to Establish an Online Permitting System for Post-Entitlement Phase Permits Under Calfonia Government Code Section 65913.3.5 (AB 2234), to January 1, 2026.

ATTACHMENT

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

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

LAKE, CALIFORNIA EXTENDING THE DEADLINE TO ESTABLISH AN

ONLINE PERMITTING SYSTEM FOR POST-ENTITLEMENT PHASE

PERMITS UNDER CALIFORNIA GOVERNMENT CODE SECTION
65913.3.5 (AB 2234)
WHEREAS, California Assembly Bill 2234 (“AB 2234”) added sections 65913.3 and 65913.3.5 to the Government Code and took effect on January 1, 2023; and WHEREAS, AB 2234 extends elements similar to those of the Permit Streamlining Act to a local agency’s review of ministerial “post-entitlement phase permit” applications for housing development projects; and
WHEREAS, under AB 2234, a “post-entitlement phase permit” includes all nondiscretionary permits and reviews that are required or issued by the local agency after the entitlement process has been completed to begin construction of a development that is intended to be at least two-thirds residential. Examples include, among other things, building permits, demolition permits, and permits for minor or standard excavation and grading; and WHEREAS, in addition to above, AB 2234 requires local agencies that are located in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete and retrieve post-entitlement phase permits (local agencies in counties with a population of less than 250,000 are exempt from this online permitting system requirement); and
WHEREAS, for local agencies in counties with a population or 250,000 or greater, the deadline to comply with AB 2234’s online permitting system requirement is: (1) January 1, 2024 if the local agency has a population of 75,000 or greater or is located in a county with a population of 1.1 million or greater; or (2) January 1, 2028 for all local agencies not covered by (1); and WHEREAS, the City of Big Bear Lake, California (“City”) is subject to the January 1, 2024 deadline because it is located in San Bernardino County, which has a population exceeding

1.1 million people; and
WHEREAS, any local agency subject to the January 1, 2024 deadline may give itself an extension of up to two years (i.e., to January 1, 2026) if its legislative body does both of the following before January 1, 2024: (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement; and
WHEREAS, the City desires to extend its deadline to comply with AB 2234’s online permitting system requirement to January 1, 2026.

NOW, THEREFORE, the City Council of the City of Big Bear Lake, California does Item 1.4
Attachment 1
hereby resolve as follows:

SECTION 1. Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. The City Council hereby finds that the adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly SECTION 3. AB 2234 Findings; Direction to Staff. In accordance with Government Code section 65913.3.5(a)(2)(A)-(B):

1. Substantial Increase in Permitting Fees. The City Council hereby finds that implementing an online permitting system by January 1, 2024 would require substantial increases in the City’s permitting fees because currently the City utilizes several outdated or ineffective systems for permitting and tracking purposes. The different systems do not support coordination between various departments, are not robust, nor do the systems provide ‘self-serve’ functions to applicants or the public. For example, the programs utilized by the building and planning teams are more than 30 years old and are no longer serviced by the providers. The City will need to purchase a program/system in order to receive and process permits online.

2. Initiation of Procurement Process. The City Council hereby directs staff to initiate the procurement process necessary to comply with AB 2234’s online permitting system requirements. Such process shall be in accordance with state law and the City’s applicable procurement policies.

SECTION 4. Extension. The City Council hereby elects to extend its deadline to implement an online permitting system to January 1, 2026.

SECTION 5. Effective Date. This resolution shall become effective immediately upon its adoption.

SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 13th day of December, 2023.

Randall Putz, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

MEETING
DATE: December 13, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Jared Cheek, Public Works Manager
Israel Gomez, Associate Civil Engineer
SUBJECT: Resolution Authorizing the Installation of Stop Signs for Catalina Road at the Intersection of Avalon Road and Finding the Project Categorically Exempt from the California Environmental Quality Act (CEQA)

BACKGROUND & DISCUSSION
Catalina Road is identified as a collector roadway within the City’s General Plan Circulation Element. Catalina Road intersects Big Bear Boulevard to the North and Elm Street to the South and serves a primarily residential neighborhood. The posted speed limit is 25 MPH and there are no stop controls along Catalina Road from Big Bear Boulevard to Elm Street.

In October 2023, staff received a request from residents in the area to consider the placement of stop controls on Catalina Road at the intersection with Avalon Road. There is a stop sign on Avalon Road at Catalina Road; however, there are no stop controls on Catalina at this location. The residents’ concerns include two points of concern related to this area. First, they believe that vehicles generally travel at speeds greater than the speed limit along this roadway. Second, the intersection of Catalina Road and Avalon Road has site distance and visibility concerns for vehicles turning from Avalon Road onto Catalina Road in either direction.

The placement of stop signs are subject to guidelines established by the Manual on Uniform Traffic Control Devices (MUTCD) and require the review of an engineer. In October 2023, staff engaged Gibson Transportation Consulting, one of the City’s on-call traffic engineers, to review the location and the request pursuant to the guidelines established by the MUTCD. Gibson Transportation Consulting’s review included data collection, such as vehicle counts and speed curveys, and a field inspection to verify the existing conditions. The guidelines review several factors including existing stop controls, vehicle speeds and volumes, collision history, and visibility concerns. The satisfaction of any number of these guidelines does not necessarily warrant the installation of a stop control but is to be considered as a part of the review.

The complete guidelines, with the findings, are included as an attachment to this report and a summary of them and their applicability to this review is provided below.

Item 1.5
Guideline Description Applicability

1. Stop Sign Pattern Reviews the placement of other stop control devices to ensure that stop controls are placed no
closer than 300’ apart.

Satisfied

2. Minimum Volume Reviews the vehicle volumes approaching the intersection from all approaches. The typical
guideline is 300 vehicles/hour for a 6-hour period.

Not Satisfied

3. Collision History Reviews records to determine if there is a pattern of vehicle collisions at the intersection.

Not Satisfied

4. Restricted Visibility Reviews visibility at intersections to ensure that sufficient site distance exists to allow for safe
movements through the intersection.

Satisfied

5. Mid-Block Crosswalk Assess for established mid-block crossings that do not have traffic controls
Not Applicable

6. Special Facilities Assess for the presence of special facilities in 300’ vicinity (i.e. schools, recreation facilities, libraries, senior centers).

Not Applicable

7. Excessive Speeds Reviews vehicular speeds to determine if there is a speeding problem on an uncontrolled street.

Satisfied

8. Excessive Through
Traffic – Local Streets
Reviews local streets for appropriate traffic
controls to ensure that local streets are not used as
alternative routes to nearby parallel streets
Not Applicable

9. Excessive Through
Traffic – Collector
Streets
Reviews collector streets for appropriate traffic
controls to ensure that local streets are not used as
alternative routes to nearby parallel streets
Satisfied
As outlined in the review of the guidelines, this location satisfies the analysis guidelines in four (4) of the applicable categories. First, in looking at (1) Stop Sign Pattern, the installation of a stop control at this location does not disrupt the existing stop control pattern within the area. As there are no other stop controls along Catalina Road, there would not create a situation in which multiple stop controls are located within 300’ of each other. Secondly, (4) Restricted Visibility is a key concern that voiced by the residents about this location. The assessment found that vehicles turning from Avalon Road onto Catalina should have 155’ of visibility in each direction; however, at this location the maximum visibility in either direction is 90’. Additionally, (7) Excessive Speeds is a critical concern that was voiced in the concern that was reported to the City. The speed assessment that was done as a part of the data collection established that the 85th percentile speed, also known as the critical speed, is 32 MPH while the posted speed limit is 25 MPH. Finally, in reviewing (9) Excessive Through Traffic – Collector Streets, the volume counts found that the daily vehicular traffic on this street exceeds the estimated trip generation based upon the land uses in the area.

The two primary guidelines of concern at this location are (4) Restricted Visibility and (7) Excessive Speeds. Traditionally, limited site distance and visibility as outlined in this guideline is sufficient to warrant the installation of a stop control on the affected street. Speeds have been an ongoing concern on this street and other speed control mechanisms have been implemented, such as speed feedback signs and enhanced line striping, in an effort to reduce speeds along Catalina Road. Given these findings, staff is recommending the placement of stop controls at this location, especially as it is further supported by the satisfaction of other guidelines within the MUTCD recommendations.

Should the City Council approve the sign placement this evening, Public Works will schedule the installation for as soon as the week of December 18. Prior to the installation of the sign, changeable message boards will be placed in the area to advise of a forthcoming traffic pattern change. Once the stop signs are installed, there will be visibility flags placed on the posts and the message boards will remain in place temporarily to create awareness of the traffic changes. Staff will monitor the weather, and may adjust accordingly, to ensure that the stop controls are not placed during a period of questionable weather.

FISCAL IMPACTS
The costs associated with this proposal, including the engineering review and the placement of the stop sign, are available within the adopted Fiscal Year 2023-24 Annual Budget.

ENVIRONMENTAL CONSIDERATION
This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.c as a minor alteration of existing streets and highways without an expansion of use.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priorities Nos. 1 and 5 as it “supports and invests in sustainable infrastructure projects and programs consistent with the needs of our community” and it contributes to “preserve and protect the quality of life for the residents and businesses”.

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Authorizing the Installation of Stop Signs for Catalina Road at the Intersection of Avalon Road and Find the Project Categorically Exempt from the California Environmental Quality Act (CEQA).

ATTACHMENTS

1. Resolution No. 2023-XX

2. Completed All-Way Stop Guidelines

3. Location Images

4. Notice of Exemption
RESOLUTION NO. 2023-XX

RESOLUTION AUTHORIZING THE INSTALLATION OF STOP SIGNS FOR

CATALINA ROAD AT THE INTERSECTION OF AVALON ROAD AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, Catalina Road is identified as a collector roadway within the City’s General Plan Circulation Element and it has a posted speed limit of 25 MPH and serves a primarily residential neighborhood between Big Bear Boulevard and Elm Street; and, WHEREAS, in October 2023, staff received a request from residents in the area to consider the p[placement of stop controls on Catalina Road at Avalon Road based upon concerns associated with vehicle speeds as well as the lack of visibility and site distance for vehicles turning from Avalon Road onto Catalin Road in either direction; and, WHEREAS, the placement of stop signs is subject to guidelines established by the Manual on Uniform Traffic Control Devices (MUTCD) and require the review of an engineer, and , as such, the City engaged Gibson Transportation Consulting, one of the City’s on-call traffic engineers to review the request; and,
WHEREAS, Gibson Transportation Consulting collected data, including vehicle counts and speed surveys, assed the location, and reviewed the data compared to the established guidelines within the MUTCD; and,
WHEREAS, the findings of Gibson Transportation Consulting found that this request for stop controls satisfies four (4) of the MUTCD guidelines for stop controls including Stop Sign Pattern, Restricted Visibility, Excessive Speeds, and Excessive Through Traffic on Collector Streets; and, WHEREAS, Based upon these findings, Gibson Transportation Consulting and staff recommend the installation of the requested stop signs on Catalina Road at the intersection with Avalon Road; and,
WHEREAS, this installation is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.c of the CEQA implementation guidelines as minor alterations of existing streets and highways with no expansion of use.

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

1. Staff is authorized to proceed with the installation of stop signs along Catalina Road at the intersection of Avalon Road.

2. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.c of the CEQA implementation guidelines as minor alterations of existing streets and highways with no expansion of use.

Item 1.5
Attachment 1
PASSED, APPROVED AND ADOPTED this 13th day of December, 2023.

Randall Putz, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

Page 1 of 8 ends

ALL-WAY STOP SIGN GUIDELINES
The satisfaction of guideline(s) shall not in itself require the installation of all-way stop control Prepared by: _____________________________ Date: _____________ SR: ________________ Checked by: _____________________________ Date: _____________ Street Name Street Classification* Existing Stop Control *Street designations are identified in the Circulation Element of the General Plan. For the purposes of these guidelines, a designated Collector street may be considered as a Local street if the Average Daily Traffic (ADT) is less than 2,000 vehicles. A designated Avenue or Boulevard may be considered as a Collector street if the ADT is less than 10,000 vehicles.

1. STOP SIGN PATTERN SATISFIED? YES / NO
This guideline is used to provide additional right-of-way assignment at intersections of Local and/or Collector streets to support an area-wide Stop sign pattern which limits the length of unimpeded travel routes. It should not be applied to intersections less than 300 feet from controlled intersections. This guideline is satisfied when the distance between controls meets or exceeds the Distance Threshold for the specified street. In cases where the installation of all-way stop control at an intersection would reduce the unimpeded distance, but not below the Distance Threshold, application of this guideline is optional; discretion should be used when the unimpeded distance would not be significantly reduced, and/or the controlled street has light traffic volume.

Uncontrolled Street Roadway
Classification
Distance
Threshold
(Local:750 ft
Collector: 1,500 ft)
Existing Distance
bet. Controls (feet)
Greatest Distance
bet. Controls with
Proposed Stop
Signs in Place
If this guideline is not applied, explain:

Item 1.5
Attachment 2

Page 2 of 8 ends

2. MINIMUM VOLUME SATISFIED? YES / NO
This guideline is used to provide additional right-of-way assignment at intersections of Local and/or Collector streets with partial Stop sign control where the volume of traffic entering the intersection is so high that there is likely to be an insufficient number of acceptable gaps to accommodate Stop signcontrolled cross traffic. This guideline is satisfied when the total vehicular volume entering the intersection from all uncontrolled street approaches averages at least 300 vehicles per hour for any six (6) hours on an average weekday or weekend day, and the combined vehicular and bicycle volumes and pedestrian units entering the intersection from the controlled street approaches average at least 200 units per hour for the same six hours. When the 85th percentile approach speed of the uncontrolled street traffic exceeds 40 mph, the minimum required threshold is 70 percent of these requirements, as shown in the table.

Major Street 85th Percentile (Critical) Speed V = mph
Minimum
Required 6-hour
Average
Volumes/Units
V≤40
mph
V>40
mph
1st
Hour
2nd
Hour
3rd
Hour
4th
Hour
5th
Hour
6th
Hour
Uncontrolled
street: total
vehicular
volume
300 210
Controlled
street:
combined
vehicle and
bicycle
volumes and
pedestrian
units
200 140

Page 3 of 8 ends

3. COLLISION HISTORY SATISFIED? YES / NO
This guideline is used to provide additional right-of-way assignment at intersections of Local and/or Collector streets where a collision pattern has developed that is susceptible to correction and an adequate trial of feasible alternative measures has proven unsuccessful.

Most recent 4 years of available collision data
from ____ /____ /____
to ____ /____ /____
Required Qualified Dates of Correctable
Collisions Reported
Single 12 month period within the most recent 2 years of available collision data from ____ /____ /____
to ____ /____ /____
3 (1) ____ /____ /____
(2) ____ /____ /____
(3) ____ /____ /____
Two 12 month periods within the most recent 4 years of available collision data First 12 month period
from ____ /____ /____
to ____ /____ /____
Second 12 month period
from ____ /____ /____
to ____ /____ /____ 4
(1) ____ /____ /____
(2) ____ /____ /____
(3) ____ /____ /____
(4) ____ /____ /____
a. Has the intersection has experienced 3 or more reported collisions, susceptible to correction by allway stop control in any 12 month period within the most recent 2 years of available collision data; or 2 or more reported collisions, susceptible to correction by all-way stop control in each of two separate 12 month periods within the most recent 4 years of available collision data? If YES, proceed to item b.
b. Has there been an adequate trial of feasible alternative measures that has proven unsuccessful? If YES, this guideline is satisfied.

Page 4 of 8 ends

4. RESTRICTED VISIBILITY SATISFIED? YES / NO
This guideline is used to provide additional right-of-way assignment at intersections of Local and/or Collector streets with restricted visibility that cannot be adequately improved with other measures. This guideline is satisfied when the visibility distance is less than the Visibility Distance Threshold for the Stop sign-controlled approach, and other corrective measures are not feasible. In determining the visibility distance, a setback distance for the eyes of the driver of the vehicle will be assumed as 10 feet from the edge of the conflict line (the line at which the vehicle on the controlled approach conflicts with cross-traffic vehicles). Visibility distance should be measured from a 3.5 foot height at the location of the eyes of the driver to an object 4.25 feet high in the center of the travel lane for both approaches of the uncontrolled street. For T-type intersections, visibility should also be examined from the perspective of a pedestrian crossing from the top of the T across either leg. For such locations with full-time parking lanes: the perspective of a pedestrian should be 4 feet from the adjacent curb face, near each landing; for locations without full-time parking lanes: it should be at the edge of the curb at each landing.

Stop-Controlled
Approach
(Street, Direction)
Speed Limit on
Uncontrolled
Street (mph) Visibility Distance
Threshold
(ft)
Determined Visibility
Distance
(ft)
25 155
30 200
35 250
If the Visibility Distance Threshold is not met, explain why other corrective measures can or cannot be implemented:

Page 5 of 8 ends

5. MID-BLOCK CROSSWALK SATISFIED? YES / NO / NA
This guideline is used to provide additional right-of-way assignment at a mid-block location on a Local or Collector street where a marked crosswalk has been authorized without signal control or warning beacons.
a. Is a there an authorized mid-block crosswalk at the location? If YES, proceed to item b.
b. Is the mid-block crosswalk in place without the accompaniment of signal control or warning beacons? If YES, proceed to item c.
c. Does the street have an ADT of at least 2,000 vehicles? If YES, proceed to item d.
d. Is the pedestrian volume at least 20 units during a one hour period? Children who appear to be under 13 years of age, elderly who appear to be over 64 years of age, and disabled persons count as two (2) pedestrians.

If YES, this guideline is satisfied. If NO, engineering judgement may be used to retain or removal the mid-block crosswalk per the Marked Uncontrolled Crosswalk Guidelines.

If a. and b. are YES, and c. and/or d. are NO, stop control is optional. Signal control and/or warning beacons should be evaluated. In such cases, justify in the space below:

Page 6 of 8 ends

6. SPECIAL FACILITIES SATISFIED? YES / NO / NA
This guideline is used to provide additional right-of-way assignment near institutions primarily serving youth, the elderly and disabled. This guideline is satisfied at an intersection at least 300 feet away from the nearest controlled intersection, across Local and/or Collector streets without signal control that is less than one block from any of the facilities below:
a) A public or private elementary, middle or high school e) A senior citizen center b) A center serving persons with disabilities f) A child care or day care center c) A rec. center or playground primarily used by children g) A hospital, medical center or clinic d) A public library h) Another facility type, primarily serving youth, the elderly or persons with disabilities
Name of Special Facility:_______________________ Facility Type:_____________________________ a. Is the intersection less than one block from the special facility? If YES, proceed to item b.
b. Is the distance to the nearest controlled intersection at least 300 feet? If YES, this guideline is satisfied. If NO, this guideline is optional.

7. EXCESSIVE SPEEDS SATISFIED? YES / NO / NA
This guideline is used to provide additional right of way assignment at intersections of Local and/or Collector streets to address a demonstrated speeding problem on the uncontrolled street. This guideline is satisfied when the 85th percentile (critical) speed in either direction, rounded to the nearest miles per hour on the uncontrolled street meets or exceeds the Speed Threshold, and the distance to the nearest controlled intersections in either direction is at least 300 feet. Speed humps may be considered along affected streets in lieu of stop sign control.

Uncontrolled Street
(Enter street name
in appropriate row)
Speed Limit
(Posted or
Prima
Facie)
(mph)
Speed
Threshold
(mph)
Surveyed
Critical
Speed
(mph)
Distance to
Nearest
Controlled
Intersections
25 30 /
30 35 /
35 40 /
a. Is the speed threshold met or exceeded?
If YES, proceed to item b.
b. Is the distance between nearest controlled intersections in either direction at least 300 feet? If YES, this guideline is satisfied

Page 7 of 8 ends

8. EXCESSIVE THROUGH TRAFFIC ON LOCAL STREETS SATISFIED? YES / NO / NA This guideline is used to provide additional right-of-way assignment at intersections involving uncontrolled Local streets to discourage the use of such streets as alternate routes to parallel nearby streets of higher functional classifications. Generally, this guideline is reviewed as part of an area-wide neighborhood traffic management plan, involving community input. The Excessive Through Traffic on Local Streets guideline shall not be used for locations that meet the Stop Sign Pattern guideline. This guideline is satisfied where all conditions below are met:

I. The distance to the nearest controlled intersections in either direction exceeds 300 feet.

II. The volume on the uncontrolled Local street exceeds 1,000 vehicles per day and is at least 125% of the volume on similar adjacent parallel streets.

Criteria Required Measured Value %
ADT0/
ADT1,2 Distance between existing controls > 300 feet ft Two-way volume on uncontrolled street, vehicles per day > 1,000 vpd
ADT0 = 100%
Two-way volume on parallel street 1: ≥ 125% ADT1 =
Two-way volume on parallel street 2: ≥ 125% ADT2 =
a. Does the distance between nearest controlled intersections in either direction exceed 300 feet? If YES, proceed to item b.
b. Does the volume on the uncontrolled Local street exceed 1,000 vehicles per day and is it at least 125% of the volume on similar adjacent parallel streets? If YES, then this guideline is satisfied.

Page 8 of 8 ends

9. EXCESSIVE THROUGH TRAFFIC ON COLLECTOR STREETS SATISFIED? YES / NO / NA This guideline is used to provide additional right-of-way assignment at intersections involving uncontrolled Collector streets to discourage the use of such streets as alternate routes to parallel nearby streets of higher functional classifications. Generally, this guideline is reviewed as part of an area-wide neighborhood traffic management plan, involving community input. The Excessive Through Traffic on Collector Streets guideline shall not be used for locations that meet the Stop Sign Pattern guideline. This guideline is satisfied where all conditions below are met:

I. The distance to the nearest controlled intersections in either direction is at least 300 feet.

II. The daily volume on the Collector street exceeds the volume of trips estimated to be generated by the dwelling units served by the Collector street. In the absence of specific data, the threshold volume is considered to be the product of 15 multiplied by the number of dwelling units within 1/8th of a mile, parallel to the Collector street and between intersecting streets classified as Collector and above.

III. The Stop signs would not result in diversion of through traffic parallel adjacent Local streets. a. Does the distance between nearest controlled intersections in either direction exceed 300 feet? If YES, proceed to item b.
b. Would the STOP signs result in diversion of traffic to parallel adjacent Local streets? If NO, proceed to the table below.
(A)
Daily Two-Way Volume
(B)
Trip Generation
(if known)
(C)
No. of Dwelling Units
Within 1/8 Mile
(D)
Estimated Trip
Generation
15 X # dwelling units
This guideline is satisfied if the number in box A is greater than the number in box B or box D above.

Proposed Stop Controls
Catalina Road at Avalon Road
Overhead View
Existing Approach – Avalon Road at Catalina Road
Item 1.5
Attachment 3
Catalina Road -Northbound
Catalina Road – Southbound

NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Engineering Division County of San Bernardino City of Big Bear Lake
385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000
San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315-8900 Project Title:

Installation of Stop Signs for Catalina Road at the Intersection of Avalon Road Project Location - Specific:

Catalina Road at the intersection with Avalon Road, Big Bear Lake, CA 92315 Description of Project:

The project involves the placement of stop control devices at the intersection of Avalon Road and Catalina Road in the City of Big Bear Lake.

Name of Public Agency Approving Project:

City of Big Bear Lake, City Council
Name of Person or Agency Carrying out Project:

City of Big Bear Lake, Engineering Division
Exempt Status: (check one) (State type and section number) XX Categorically Exempt
Section: 15301(c)
Reasons why project is exempt:

CEQA exemptions include as a minor alteration of existing streets and highways without an expansion of use.

Lead Agency or Contact Person: Area Code/Telephone/Extension Sean Sullivan, Director of Public Services (909) 866-5831 Date: December 13, 2023
Signature:
______________________________
Sean Sullivan,
Assistant City Manager
Item 1.5
Attachment 4

MEETING
DATE: December 13, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
SUBJECT: Notices of Completion for Fiscal Year 2023-24 Capital Improvement Projects

BACKGROUND & DISCUSSION
Work has been completed on additional Capital Improvement Projects (CIP) that have been undertaken by the Public Works Department for Fiscal Year 2023-24. The time is now appropriate for the City Council to accept the work as complete and direct the filing of Notices of Completion. • Annual Street Rehabilitation Project
Grind and Overlay
Contractor: Bear Valley Paving
Date of Completion: October 24, 2023
Approved Contact Amount: $411,009 (Includes $53,500 contingency) Total Project Expenditures: $357,509
Asphalt Material
Vendor: Vulcan Materials
Approved Contract Amount: $293,096 (Includes $38,000 contingency) Total Expenditures: $306,410.26
The additional expenses are due to the identification, within the field during construction, of the need to place additional asphalt material on certain streets to ensure the construction of a proper, 4”, pavement section.

Street Reconstruction
Contractor: S. Porter, Inc.

Date of Completion: November 21, 2023
Approved Contract Amount: $881,228.24 (Includes $115,000 contingency) Total Project Expenditures: $878,248.24
• Pothole Repair/Patching Project
The adopted FY 2023-24 CIP Budget included funding of $250,000 for a Pothole Repair/Patching Project. Staff conducted a public bid process, as is typical of all CIP projects, and on August 9, 2023, recommended that the City Council reject all bids for this Item 1.6
effort. The lowest bid received for this effort was $283,550 for approximately 13,000 square feet of repairs. In order to complete the work, staff proceeded to coordinate the needed activities to complete this effort utilizing the in-house paving crew, consistent with our work of the Annual Street Rehabilitation Project. A summary of these expenditures is as follows:

Budget $250,000
Traffic Control (Traffic Management, Inc.) $ 22,759
Cold Planing (S. Porter, Inc.) $ 12,750
Material Hauling / Street Sweeping (Bear Valley Paving) $ 10,125 Materials Hauling (Mile High Equipment) $ 10,889
Contracted Inspection Services (Merrell-Johnson Co.) $ 2,250 Asphalt Materials (Vulcan Materials) $ 84,181
Total Expenditures $142,954
Total Square Footage of Repaired Pavement ~51,000
• Rathbun Creek Trail Phase III
Contractor: S. Porter, Inc.

Date of Completion: November 9, 2023
Approved Contract Amount: $605,434 (Includes $100,000 contingency) Approved Changer Order: $173,453
Total Construction Approvals: $778,887
Total Construction Expenditures: $725,687
Upon approval by the City Council, staff will proceed to record the Notices of Completion with the San Bernardino County Recorder’s Office. No sooner than thirty-five (35) days from the recording, staff will release all project retention funds assuming that no claims are made against the contractor related to these projects. For each of these projects, retention funds are 5% of the total project billing.

FISCAL IMPACT
These projects were all funded and included within the adopted Fiscal Year 2023-24 Annual Budget. The adopted budget for the Street Rehabilitation efforts was $1,799,000 and the total expenditures were $1,685,121.50. The adopted budget for the Rathbun Creek Trail, Phase III was $1,591,600 and the total expenditures were $725,687. All unexpended funds will be returned to the appropriate fund balance.

ENVIRONMENTAL CONSIDERATION
At the time of authorizing the bid solicitation, the City Council found these projects to all be categorically exempt from the California Environmental Quality Act (CEQA).

CONSIDERATION OF STRATEGIC PRIORITIES
This recommended action aligns with Strategic Priority No. 1 to “support and invest in sustainable infrastructure projects and programs consistent with the needs of our community”.

RECOMMENDED ACTION
It is recommended that the City Council accept the Annual Street Rehabilitation, Pothole Repair/Patching and Rathbun Creek Trail Phase III projects as complete and authorize staff to file the required Notices of Completion for the two contracted projects.

ATTACHMENTS

1. Agenda Report for Award of Contracts and Purchase Orders for the Annual Street Rehabilitation Project (June 14, 2023)

2. Agenda Report for the Rejection of All Bids Received for the Pothole Patching Project (August 9, 2023)

3. Agenda Report for Award of Contract for the Rathbun Creek Trail, Phase III Project (June 14, 2023)

4. Agenda Report Authorizing a Change Order with S. Porter, Inc. for Additional Connection Improvements Related to the Rathbun Creek Trail, Phase III Project (July 12, 2023)

5. Notices of Completion

MEETING
DATE: June 14, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Director of Public Services
Jared Cheek, Public Works Operations Manager
Jacky Chan, Associate Engineer
SUBJECT: Resolution Awarding Construction Contracts and Purchase Orders for the Annual Street Rehabilitation Project

BACKGROUND
The City of Big Bear Lake 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 efforts to maintain and improve the streets, the annual Capital Improvement Program includes several projects focused on street maintenance: street rehabilitation, pothole repairs, crack sealing, slurry seal, and line striping. These projects account for a proposed Fiscal Year 2023-24 allocation of $1,950,000 with $1,550,000 allocated for the Annual Street Rehabilitation Project.

Staff has prepared a Street Rehabilitation Program for Fiscal Year 2023-24 to include a total of approximately 2.68 miles of street improvements. The prescribed work has been designed into two (2) projects, one focused on complete street reconstruction and the other on pavement grinding and preparation in advance of paving by City Public Works crews. The necessary bid solicitations have been conducted and staff is recommending the award of construction contracts and a purchase order for the elements associated with this project.

DISCUSSION
The Fiscal Year 2023-24 Capital Improvement Program (CIP) budget includes an allocation of $1,550,000 for the Annual Street rehabilitation Project. The streets are assessed based upon their Pavement Condition Index (PCI) to determine the necessary rehabilitation and repair approach.

Generally, the PCI will dictate the use of one of two methodologies to rehabilitate the streets, either street reconstruction or a grind and overlay.

For street reconstruction, the existing pavement is pulverized back to base material, compacted, and approximately 4” of the material is then removed. The street is reconstructed with a 4” section of new asphalt pavement constructed over the rebuilt subgrade resulting in a brand new street. A grind and overlay involves the grinding, or removal, of approximately 2” of existing asphalt and paving back a new 2” section of asphalt in its place. Either of these methodologies result in a new street section and the determination of the applicable approach is usually based upon the subgrade and structural conditions of the roadway.

Item 1.6
Attachment 1
For the Fiscal Year 2023-24 Annual Street Rehabilitation Project, staff identified twenty-three (23) streets sections that are in need of rehabilitation and repair totaling 2.68 miles of street improvements. The approach is split, based upon the overall condition of the streets, with nine (9) segments of 1.33 miles requiring street reconstruction and fourteen (14) segments of 1.55 miles requiring an overlay process. To better execute this year’s project, staff broke the project into two (2) separate scopes and bid two (2) separate projects; one for the street reconstruction which will be completed, entirely by the selected contractor, and one for grind and overlay which will perform the grinding and preparation work in advance of City Public Works crews performing the paving.

The identified streets and the proposed rehabilitation approach:

Street From To Rehabilitation
Type
Alden Road Big Bear Boulevard South End Reconstruction
Chalet Lane Summit Boulevard Golden West Reconstruction Chip O Wood Forest Road Canvasback Road Reconstruction
Circle Lane Willow Landing Circle Lane Reconstruction
Conklin Road Big Bear Boulevard Oak Street Reconstruction Paine Court Big Bear Boulevard End Reconstruction
Pulaski Road Waterview Drive Cul de sac Reconstruction
Stone Bridge Dr/Cir Marina Point Condor Drive Reconstruction Stone Road Pine Knot Avenue Knickerbocker Road Reconstruction Total Reconstruction: 1.33 Miles
Arroyo Drive Forest Road Lakeview Drive Grind and Overlay Lake Drive Forest Road Afton Road Grind and Overlay
Lake Drive Afton Road End Grind and Overlay
Northern Cross Drive Avalon Road End Grind and Overlay
Blue Bird Court Mockingbird Drive Cul de sac Grind and Overlay Brownie Lane Thrush Drive Wren Drive Grind and Overlay
Eagle’s Flight Place Stoney Creek Road Cul de sac Grind and Overlay Great Spirits Way Sun God Place Maryland Road Grind and Overlay Medicine Man Place Pennsylvania Ave Sun God Place Grind and Overlay Paramount Road Olympic Drive Scandia Road Grind and Overlay Point Road Lake Drive End Grind and Overlay
Snake Dance Trail Maryland Road Sun God Place Grind and Overlay Sun God Place Snake Dance Trail Great Spirits Way Grind and Overlay Vista Lane Narrow Lane Dream Street Grind and Overlay
Total Grind/Overlay: 1.55 Miles
Total Improvements: 2.68 Miles
Staff has conducted a bid solicitation for both scopes of work in accordance with the California Public Contracts Code and the City’s Purchasing Guidelines. This project was advertised within the Big Bear Grizzly newspaper, on the City’s website, and through an online bid service. Staff conducted nonmandatory pre-bid meetings to share information about the projects and received bids up until 2:00 p.m. on Thursday, June 1. Below is a summary of the scope of each project and the associated bid results.

Street Reconstruction
The scope of work for the Street Reconstruction component of the Annual Street Rehabilitation Project totals 1.33 miles and intends for the selected contractor to furnish all labor and material to pulverize the existing pavement, grade, compact, and remove the necessary material. The contractor will be responsible for the paving of the new roadway sections, which is 4” of asphalt.

The contractor will also perform other related work such as the adjustment of utility covers and miscellaneous concrete improvements. The results of the bids received are as follows:

Contractor Location Bid Amount
S. Porter, Inc. Big Bear Lake, CA $ 766,228.24
Granite Construction Co. Indio, CA $ 946,600.00
Bear Valley Paving Big Bear Lake, CA $1,041,372.25
LCR Earthwork & Engineering Corp Jurupa Valley, CA $2,653,265.00 Staff reviewed the bid documents for completeness and accuracy and has found S. Porter, Inc. to be the lowest responsive bidder for this project. S. Porter, Inc. is a general engineering contractor that has been in business in Big Bear Lake for many years and they have completed several paving projects for the City including the SMORE Trail Phase I and the Alpine Pedal Path Rathbun Creek Extension, amongst others.

Grind and Overlay
The scope of work for the Grind and Overlay component of the Annual Street Rehabilitation Project totals 1.55 miles and intends for the selected contractor to provide the necessary labor and material to grind the existing pavement to prepare them to be paved by City Public Works crews.

In addition to grinding pavement, the selected contractor will adjust utility covers and perform miscellaneous concrete improvements. The results of the bids received are as follows:

Contractor Location Bid Amount
Bear Valley Paving Big Bear Lake, CA $357,509.00
Granite Construction Co. Indio, CA $383,932.00
S. Porter, Inc. Big Bear Lake, CA $436,860.50
Staff reviewed the bid documents for completeness and accuracy and has found Bear Valley Paving to be the lowest responsive bidder for this project. Bear Valley Paving is a general engineering contractor that has been in business in Big Bear Lake for many years and they have completed many projects for the City including the FY 2022-23 Annual Street Rehabilitation Project.

For the Grind and Overlay scope of work, Public Works crews will provide traffic control, erosion control, and will place and compact asphalt for all overlay sections of streets. Staff’s effort will include the placement of approximately 2,400 tons of asphalt utilizing City forces and equipment.

Staff solicited pricing for asphalt from providers that are located within an appropriate distance from and are able to furnish asphalt to the City. The received pricing is as follows:

Vendor Location Price per Ton
Matich Corporation San Bernardino, CA $101.31
Vulcan Materials San Bernardino, CA $106.29
Holiday Rock San Bernardino, CA Nonresponsive
Staff requested the pricing to include up to one-hour of standby time for the trucked loads of asphalt to the project site as this is critical in coordinating the trucking and the placement of the asphalt material. Although Matich Corporation has offered the lowest price per ton at $101.31, their pricing includes only twenty (20) minutes of stand-by time. In addition to their proposal not being responsive to the request of the City, their stand-by rate for trucking is $150 per hour meaning that it is very likely that the total asphalt pricing would end up exceeding the price provided by Vulcan Materials, the other proposer, of $106.29. As the proposal of Vulcan complies with the request of the City by including the necessary stand-by time, staff is recommending a purchase order with Vulcan Materials. Vulcan Materials has provided asphalt material for previous Annual Street Rehabilitation Projects, including the Fiscal Year 2022-23 effort, meaning that they are familiar with the needs and coordination of the City. Based upon the estimated 2,400 tons of asphalt, the estimated value of the purchase order for these materials is $255,096.

Work is scheduled to begin on or around July 10, 2023 and all scopes of work will be completed by the end of September.

FISCAL IMPACT
The proposed Capital Improvement Program (CIP ) for Fiscal Year 2023-24 includes funding of $1,950,000 for street improvement efforts with $1,550,000 dedicated specifically to the Annual Street Rehabilitation Project. Staff is recommending the award of the necessary contracts and purchase orders for the indicated base bid values as well as an additional contingency fund for each item of approximately 15%. The contingency funds will cover the cost of any unforeseen conditions that may arise throughout the course of construction or accommodate any additional work that need be completed within this scope of work. The proposed contract awards are as follows:

Project Contractor Base Bid Contingency Total NTE
Street Reconstruction S. Porter, Inc. $766,228.24 $115,000 $881,228.24 Grind and Overlay Bear Valley Paving $357,509.00 $ 53,500 $411,009.00 Asphalt Material Vulcan Material $255,096.00 $ 38,000 $293,096.00 TOTAL $1,378,833.24 $206,500 $1,585,333.24

ENVIRONMENTAL CONSIDERATIONS
This project 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.

RECOMMENDATION
It is recommended that the City Council adopt a resolution entitled Resolution Awarding Construction Contracts and Purchase Orders for the Annual Street Rehabilitation Project.

ATTACHMENT

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

RESOLUTION AWARDING CONSTRUCTION CONTRACTS

AND PURCHASE ORDERS FOR THE ANNUAL STREET

REHABILITATION PROJECT
WHEREAS, the City of Big Bear Lake is responsible for the maintenance and operation of approximately 84 centerline miles of City Streets and these efforts include several routine and recurring maintenance and capital activities; and
WHEREAS, the largest and most impactful street maintenance effort is the Annual Street Rehabilitation Project which focuses on paving streets throughout the City with a proposed budget of $1,550,000 for Fiscal Year 2023-24; and
WHEREAS, the Pavement Condition Index (PCI) determines the streets that are in need of rehabilitation and the methodology that is used to rehabilitate the streets which is generally either street reconstruction or a grind and overlay; and
WHEREAS, staff developed a proposed project to rehabilitate twenty-three (23) street sections, totaling 2.68 miles of street improvements, with nine (9) sections, of 1.33 miles, designated for street reconstruction, and fourteen (14) sections, of 1.55 miles, designated for grind and overlay activities; and
WHEREAS, given the diversity of the scopes of work, staff developed and bid two (2) separate scopes of work, one for the street reconstruction, including the paving, and one for the grind and overlay project, which will prepare the streets to be paved by City Public Works crews; and WHEREAS, staff received bids for the two (2) scopes of work until 2:00 p.m. on June 1, 2023, at which time they were publicly opened and read aloud; and WHEREAS, for the Street Reconstruction Project, the City received four (4) sealed bids with the lowest base bid price provided by S. Porter, Inc. in the amount of $766,228.24; and WHEREAS, for the Grind and Overlay Project, the City received three (3) sealed bids with the lowest base bid price provided by Bear Valley Paving in the amount of $357,509; and WHEREAS, staff has reviewed all bids received for completeness and accuracy and investigated the contractor’s background and experience and has found that both S. Porter, Inc. and Bear Valley Paving are qualified and capable to complete the respective project with both contractors having similar and extensive work experience with the City of Big Bear Lake; and WHEREAS, City Public Works crews will perform the paving on the Grind and Overlay project using city labor and equipment and, in order to do so, have solicited pricing for approximately 2,400 tons of asphalt material from asphalt providers located within an appropriate proximity to the City; and
WHEREAS, staff received asphalt pricing from Matich Corporation of $101.31 per ton and Vulcan Materials of $106.29 per ton; and
WHEREAS, staff’s pricing request required that the first hour of stand-by trucking time be included within the pricing to allow for coordination of the delivery and placement of the material; however, the pricing from Matich Corporation included only twenty (20) minutes of stand-by time and a stand-by rate of $150 per hours; and
WHEREAS, given that the proposal of Matich Corporation did not comply with the City’s specifications, staff is recommending the award of a purchase order to Vulcan Materials in the amount of $255,096 for the estimated 2,400 tons of asphalt material for this project; and WHEREAS, as construction projects of this nature often encounter unforeseen conditions or additional work required to complete the effort, staff is recommending the addition of a contingency amount of approximately 15% to each of the proposed contracts and purchase orders to cover the costs of any unforeseen conditions that arise throughout the course of construction; and
WHEREAS, upon award of the necessary contracts and purchase orders, work will commence in July 2023 and be completed in September 2023; and
WHEREAS, the total project expenditures are consistent with the proposed budget for the Annual Street Rehabilitation Project within the Fiscal Year 2023-24 Capital Improvement Program (CIP).

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

1. A construction contract is awarded to S. Porter, Inc. for the Fiscal Year 2023-24 Annual Street Rehabilitation Project, Street Reconstruction, in an amount not to exceed $881,228.24, inclusive of $115,000 in contingency funds, and that the City Manager is authorized to execute this agreement in a form approved by the City Attorney.

2. A construction contract is awarded to Bear Valley Paving for the Fiscal Year 2023-24 Annual Street Rehabilitation Project, Grind and Overlay, in an amount not to exceed $411,009, inclusive of $53,500 in contingency funds, and that the City Manager is authorized to execute this agreement in a form approved by the City Attorney.

3. A purchase order is awarded to Vulcan Materials for 2,400 tons of asphalt material to support the Fiscal Year 2023-24 Annual Street Rehabilitation Project in an amount not to exceed $293,096, inclusive of $38,000 in contingency funds and that the City Manager is authorized to execute all necessary documents.

PASSED, APPROVED AND ADOPTED this 14th day of June, 2023.

Randall Putz, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 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 14th day of June, 2023 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, 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 SUBJECT: Resolution Rejecting All Bids Received for the Pothole Patching Project

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
Attachment 2
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

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: June 14, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Director of Public Services
Israel Gomez-Rosales, Associate Civil Engineer
SUBJECT: Resolution Awarding a Construction Contract to S. Porter, Inc. for the Rathbun Creek Trail, Phase III Project

BACKGROUND
The Rathbun Corridor Sustainability Plan was initiated by the City beginning in 2014 and it was presented to the City Council as complete in 2017. The plan is the culmination of significant outreach and public participation that crafted a vision for mobility and recreation within the Rathbun Creek area that included the improvements to the Moonridge Corridor as well as the development of the Rathbun Creek Trail system.

The Rathbun Creek Trail is several phases of trail development that is envisioned to transverse Rathbun Creek from the National Forest to Big Bear Lake. Phase I of the Rathbun Creek Trail is the section that runs from the vicinity of Elm Street North to Catalina Road, which was completed in 2021. Phase II of the Rathbun Creek Trail is proposed from the terminus of Phase I near Big Bear Boulevard and Catalina and will travel along the creek to the North connecting to the Alpine Pedal Path at Sandalwood Drive. Phase II is currently under design and is targeted for construction in Fiscal Year 2024-25. Phase III of the Rathbun Creek Trail is planned to run along Sonoma Drive beginning at the end of Phase I near Elm Street and Catalina Road to Moonridge Road. The conceptual plan includes considerations for future connection to the Lake as well as continuation to Sand Canyon, neither of which are contemplated within the current Five-Year CIP.

Additionally, the bikeways that were constructed along the Moonridge Corridor were included within the conceptual alignments in the Sustainability Plan.

Staff has completed the design work for Rathbun Creek Phase III and conducted the necessary public bid process. In addition, staff has conducted additional public outreach and engagement with stakeholders in the project area regarding this project. At this time, staff is recommending that the City Council award a construction contract to S. Porter, Inc. for this project.

DISCUSSION
The Rathbun Corridor Sustainability Plan was presented to the City Council in 2017 after several years of outreach, public engagement and planning, and the plan prioritizes the construction of a trail, along the creek, from Big Bear Lake to the National Forest. The extensive outreach and engagement, including more than ten (10) public meetings and workshops, coupled with the Item 1.6
Attachment 3
planning efforts, identified several options for trail alignments, styles, themes and amenities to consider in the construction of the trails. The construction engineering phase of these trail developments has worked within the proposed alignments and has strived to honor the concepts developed within the plan.

The Rathbun Creek Phase III alignment is proposed along Sonoma Drive from the intersection at Elm Street, along the creek alignment, and terminating where Rathbun Creek meets Moonridge Road. The alignment is partially on property owned by Big Bear Mountain Resorts, who is supporting this effort through the granting of an easement for this project.

The initial design for this project includes the construction of the trail alignment and the necessary appurtenant improvements as well as improvements along Sonoma Drive to facilitate the placement of the trail. Curb and gutter will be added along the west side of Sonoma Drive to provide a physical barrier between vehicular traffic and the trail. The trail is proposed to be 10’ wide and paved in asphalt with the total footprint being 14’ wide to accommodate the necessary shoulders. A round rail fence is proposed for the west side (inside) of the trail to separate it from the open space and, ultimately, Rathbun Creek. The concepts and plans also call for the placement of picnic benches, exercise equipment, and other amenities which will be considered after the initial construction of the trail. It is important to note that the construction of the trail will require the removal of approximately twenty-three (23) trees.

Staff issued the bid solicitation in April, as approved by the City Council. Bids were received until May 9, 2023. The City received three (3) sealed bids that were publicly opened and read aloud with the following results:

Bidder Location Total Base Bid
S. Porter, Inc. Big Bear Lake, CA $505,434.40
Bear Valley Paving Big Bear Lake, CA $525,500.00
Granite Construction Co. Indio, CA $830,000.00
Staff reviewed the bid documents for completeness and accuracy and determined that S. Porter, Inc. is the lowest responsive bidder for this project. S. Porter, Inc. has completed a number of similar projects within the City, to the satisfaction of staff, including the Alpine Pedal Path Rathbun Creel Extension and the Stanfield Marsh Outdoor Recreation & Education (SMORE) Phase I Project.

Public Engagement & Design Review
As the bid documents were publicized for the bid solicitation, staff began receiving inquiries and engagement from members of the public with concerns related to the project. The primary nature of the concerns were that the proposed construction plans did not reflect the conceptual plans from the Rathbun Creek Sustainability Plan and the project related tree removals. Staff engaged with these stakeholders through emails, conversations, and meetings in the field to hear their concerns, explain the City’s perspective related to this project, and work toward a resolution.

The conceptual plan that was generated through the Rathbun Creek Sustainability Plan showed a rustic, meandering trail, at grade with the street that also included exercise equipment with a wooden theme and a bridge across Rathbun Creek. In addressing the concerns, staff identified areas that could be improved in blending the existing concepts with the proposed design as well as areas where constructing to the concepts was not feasible at this time. One of the primary items of concern is the installation of curb and gutter, which received mixed reviews from the public.

The curb and gutter is a necessary installation to prove a physical barrier between the trail and vehicular traffic; there is insufficient available space to provide enough separation of the trail from the roadway to avoid installing the curb.

With the trail placement, size and alignment, there were a couple of areas where the design has been modified to address the concerns. Staff has determined that the trail width can be reduced to 8’ wide of paved trail surface which, with the required 2’ shoulders on either side will reduce the overall footprint to 12’. The narrowing of the trail will allow for the ability to slightly meander the trail, which is consistent with feedback received, to make the trail more interesting but also to potentially reroute the trail around existing trees. Furthermore, the plans have been revised to include the round rail fence on both sides of the trail which will improve the aesthetics of the trail and reflect consistency with the Phase I section.

The bridge that is included within the conceptual rendering is not contemplated as a part of this construction project. The bridge was envisioned to cross the creek toward Rathbun Drive in alignment with the fire station. This concept germinated from another concept included in the plan which was a small community facility and restroom on that site. At this time, the community facility is still within the conceptual plans and the existing site is the Rathbun Parking Lot owned by Big Bear Mountain Resort. Given the current configuration of the area being undeveloped private property, staff does not see the value in constructing the bridge at this time; however, it is still included in the conceptual plan should the circumstances change and make that more advantageous in the future. The conceptual rendering also shows exercise equipment along the trail with a wooden theme or appearance. Staff is looking to source the exercise equipment as well as other amenities such as picnic tables and benches for installation after the trail is constructed.

Staff did indicate that the exercise equipment will likely not match the wooden theme in the rendering due to usability and maintenance concerns. As staff progresses further in the sourcing of the equipment, a couple of options will be presented for consideration prior to installation.

Staff also received feedback concerned with the required tree removals for this project. As previously indicated, the current trail alignment anticipates the removal twenty-three (23) trees within the area. Considering the feedback received as well as the aesthetic value of the trees, staff is taking efforts to protect the trees where possible. First, an ISA certified arborist is reviewing the trees that are proposed for removal to make observations related to their overall condition and vitality. Given an initial observation of the trees, some are in a state of decline and may not be viable regardless of the trail alignment while others are healthy and will continue to thrive. Staff will use this information and work in the field with the contractor to find opportunities to modify the trail alignment to preserve trees where possible.

It is still likely that most, if not all, of the identified trees will still be required to be removed to accommodate the trail alignment. In an effort to offset these impacts, staff is working with a designer to develop a landscape and tree plan for the area. Once the construction of the trail is completed, staff will coordinate the enhancement of the landscaping and the replacement of as many trees as possible in a manner that is thoughtful and contributes to the overall impact and benefit of the area.

Finally, upon further review, staff is proposing to change the trail construction from asphalt, as has been done in previous sections of the trail, to colored concrete, the reasons for which are two-fold.

Given the heavy precipitation experienced this winter, there is considerable vegetative growth in the area at this time and staff recognized the presence of a plant known as “horse tail”. The horse tail is an invasive species that is resilient and has been known to grow through asphalt. Horse tail is present in the Phase I section of the Rathbun Creek Trail and due to its impacts, certain portions of the trail were removed and replaced, after construction, and additional fortification of the base material was undertaken in an attempt to minimize the impacts of the horse tail. Knowing the possible downsides of this plant material and with no reliable means of eradicating it, staff believes that using concrete in lieu of asphalt will prevent the issues experienced in the previous phase and minimize the maintenance and repair that the trail surface will require. As an additional benefit, a brown colored concrete will enhance the site aesthetics and be closer in appearance to the conceptual rendering.

Staff believes that sufficient efforts have been undertaken to address the concerns that have been received from the community that the interested parties are satisfied with the efforts that have been made. Staff continues to be understanding of the potential impacts of the trail and will continue to work, where possible, to employ mitigation efforts and improvements that make sense.

In addition to the base bid amount of $505,434 provided by S. Porter, Inc., staff is requesting a contingency amount of $100,000 (approximately 20%) to cover the costs of any unforeseen conditions or other mitigation efforts that may make sense within the course of construction.

FISCAL IMPACT
Funding for this project is considered in the proposed Fiscal Year 2023-24 Capital Improvement Program (CIP ) Budget in the amount of $1,591,600. The total requested contract award, including contingency funds, is $605,434. Additional budgeted funds will be used for the additional landscape improvements and mitigation efforts contemplated as part of this project.

ENVIRONMENTAL CONSIDERATIONS
This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.c Existing Facilities as the minor alteration of existing streets and Section 15304 (h) Minor Alterations to Land as the establishment of bicycle trails on existing rights-of-way.

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Awarding a Construction Contract to S. Porter, Inc. for the Rathbun Creek Trail, Phase III Project.

ATTACHMENTS

1. Resolution No. 2023-XX

2. Rathbun Creek Trail Phase III Conceptual Rendering

3. Rathbun Creek Trail System Alignments

4. Rathbun Creek Trail Phase III Construction Site Plan ATTACHMENT 1
RESOLUTION NO. 2023-XX

RESOLUTION AWARDING A CONSTRUCTION CONTRACT
TO S. PORTER, INC. FOR THE RATHBUN CREEK TRAIL,

PHASE III PROJECT
WHEREAS, the Rathbun Corridor Sustainability Plan was initiated by the City beginning in 2014 and it was presented to the City Council as complete in 2017 and it includes a vision for mobility and recreation within the Rathbun Creek area that included the Moonridge Corridor Improvements as well as the development of the Rathbun Creek Trail system; and WHEREAS, the Rathbun Creek Trail is envisioned to transverse Rathbun Creek from the National Forest to Big Bear Lake and is anticipated to be developed in several phases; and WHEREAS, Phase I of the Rathbun Creek Trail is the section that runs from the vicinity of Elm Street North to Catalina Road, which was completed in 2021; and WHEREAS, Phase II of the Rathbun Creek Trail is proposed from the terminus of Phase I near Big Bear Boulevard and Catalina and will travel along the creek to the North connecting to the Alpine Pedal Path at Sandalwood Drive and this phase is under design and anticipated for construction by Fiscal Year 2024-25; and
WHEREAS, Phase III of the Rathbun Creek Trail is planned to run along Sonoma Drive beginning at the end of Phase I near Elm Street and Catalina Road to Moonridge Road; and WHEREAS, staff circulated a bid solicitation for the Rathbun Creek Phase III project, as approved by the City Council in April 2023; and
WHEREAS, staff received three (3) sealed bids for this project on May 9, 2023 with the lowest bid being that of S. Porter, Inc. (Big Bear Lake, CA) in the amount of $505,434; and WHEREAS, as the bid documents were circulated, staff begun to receive inquiries from the public with concerns related to the project, specifically focused on the lack of parity between the construction plans and the conceptual drawings as well as the project related tree removals; and WHEREAS, staff engaged with the concerned stakeholders through emails, conversations, and field visits to understand their concerns, explain the perspective of the City, and work toward a resolution; and
WHEREAS, staff is considering the implementation of several mitigation efforts such as a reduction in the width of the trail, a focus on preserving trees where possible, and the addition of more round rail fence, amongst other efforts; and
WHEREAS, staff believes that sufficient efforts have been undertaken to address the concerns that have been received from the community that the interested parties are satisfied with the efforts and approach going forward; and
WHEREAS, staff will continue to review and implement additional mitigation measures as they make sense throughout the course of construction of this project; and WHEREAS, staff is requesting a contingency amount of $100,000 (approximately 20%) to cover the costs of any unforeseen conditions or other mitigation efforts that may make sense within the course of construction; and
WHEREAS, the total project expenditures are within the proposed budget for the Rathbun Creek Trail, Phase III Project which is considered in the Fiscal Year 2023-24 Capital Improvement Program (CIP) in the amount of $1,591,600; and
WHEREAS, upon the award of construction contract, this phase of the work is anticipated to commence in July 2023 and be completed by September.

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

1. A construction contract is awarded to S. Porter, Inc. for the Rathbun Creek Trail, Phase III Project, in an amount not to exceed $605,434, inclusive of $100,000 in contingency funds, and that the City Manager is authorized to execute this agreement in a form approved by the City Attorney.

PASSED, APPROVED AND ADOPTED this 14th day of June, 2023.

Randall Putz, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 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 14th day of June, 2023 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

MEETING
DATE: July 12, 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 Israel Gomez, Associate Engineer
SUBJECT: Resolution Authorizing a Change Order with S. Porter, Inc. for Additional Connection Improvements Related to the Rathbun Creek Trail, Phase III Project

BACKGROUND
On June 14, 2023, the City Council awarded a construction contract to S. Porter, Inc. for the construction of the Rathbun Creek Trail, Phase III Project. The project contemplates the necessary clearing, grading, and paving to extend the Rathbun Creek Trail along Sonoma Drive from Elm Street to Moonridge Road. The Trail is contemplated within the Rathbun Corridor Sustainability Plan (2017) and the concepts include linkages and connectors to the Moonridge Corridor along both Moonridge Road and Elm Street.

An oversight in the design process resulted in these connectors not being contemplated within the construction plans that were put out for this project. Staff has subsequently completed the necessary design and solicited a price from the contractor, S. Porter, Inc., to construct these improvements concurrent to the work on the trail to maximize connections and mobility within the area.

DISCUSSION
The Rathbun Corridor Sustainability Plan developed the concepts for the Rathbun Creek Trail.

Phase III of the Rathbun Creek Trail will run adjacent to Sonoma Drive from Elm Street to Moonridge Road. The concepts also include connectors, such as sidewalk or additional trail, linking this section of the trail to the Moonridge Corridor. The connectors will be along Elm Street from Sonoma to Moonridge Road and along Moonridge Road from the terminus of Phase III of the trail back toward the Moonridge Corridor. An oversight during the design process caused these improvements to not be included within the bid plans for construction.

Staff has completed the design of these connectors, which is primarily grading and the construction of flatwork, which is consistent with the primary scope of work for the Rathbun Creek Trail Project. Given the close proximity of these improvements and the consistent scope of work, staff solicited a change order proposal from S. Porter, Inc. The price provided by S. Porter, Inc. was $173,452.50 and the work can be completed concurrent with the construction of the trail project.

Construction of these improvements, at this time, will maximize mobility in the area and support the use of both the Rathbun Creek Trail as well as access to the Moonridge Corridor.

Item 1.6
Attachment 4

FISCAL IMPACT
The adopted budget for the Rathbun Creek Trail, Phase III Project is $1,591,600. The awarded contract to S. Porter, Inc. for the construction of the project was $605,434, including contingency funds. There is sufficient funding available within the project budget to support the additional cost $173,452.50 for this change order.

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.

ENVIRONMENTAL DETERMINATION
These improvements are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities as repair and maintenance of existing streets and highways.

RECOMMENDATION
It is recommended that the City Council adopt a resolution entitled Resolution Authorizing a Change Order with S. Porter, Inc. for Additional Connection Improvements Related to the Rathbun Creek Trail, Phase III Project.

ATTACHMENTS

1. Resolution No. 2023-XX

2. Plans for Connection Improvements
ATTACHMENT 1
RESOLUTION NO. 2023-XX

RESOLUTION AUTHORIZING A CHANGE ORDER WITH
S. PORTER, INC. FOR ADDITIONAL CONNECTION

IMPROVEMENTS RELATED TO THE RATHBUN CREEK

TRAIL, PHASE III PROJECT
WHEREAS, on June 14, 2023, the City Council awarded a construction contract to S. Porter, Inc. for the construction of the Rathbun Creek Trail, Phase III Project which extends the Rathbun Creek Trail along Sonoma Drive from Elm Street to Moonridge Road; and WHEREAS, the project conceptual plans contemplate enhanced connections between the trail and the Moonridge Corridor along both Elm Street and Moonridge Road, however, these linkages were not included within the project bid specifications; and WHEREAS, staff completed the design of these additional connections and sought a proposal from S. Porter, Inc. given the close proximity of this work to the primary project and the fact that the concepts within the scope of work are very similar to that of the trail project; and WHEREAS, S. Porter, Inc. provided a proposal of $173,452.50 to complete these improvements and the work can be completed concurrent with the other trail improvements; and WHEREAS, the adopted budget for this project is $1,591,600 and the awarded funds, to this point, for the awarded contract to S. Porter, Inc. is $605,434, meaning that there is sufficient funding available for this scope of work.

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

1. A Change Order is approved to the construction contract with S. Porter, Inc. for the Rathbun Creek Trail, Phase III Project in the amount of $173,452.50 for the construction of the improved connections of the Rathbun Creek Trail to the Moonridge Corridor.

PASSED, APPROVED AND ADOPTED this 12th day of July, 2023.

Randall Putz, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 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 12th day of July, 2023 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
RECORDING REQUESTED BY:

City of Big Bear Lake
WHEN RECORDED, PLEASE MAIL TO:

City of Big Bear Lake
City Clerk
PO Box 10000
Big Bear Lake, CA 92315
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or agent of the OWNER of the interest or estate state below in the property hereinafter described:

The FULL NAME of the OWNER is: CITY OF BIG BEAR LAKE
The FULL ADDRESS OF THE owner is: 39707 BIG BEAR BOULEVARD, PO BOX 10000, BIG BEAR LAKE, CA 92315
The NATURE of the INTEREST or ESTATE of the undersigned is: agent of the owner that constructed the improvements.

The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

NAME(S) ADDRESS(ES)
The full name(s) and address(es) of the successor(s) in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

NAME(S) ADDRESS(ES)
A work of improvement on the property hereinafter described was completed on: NOVEMBER 21, 2023 The work of improvement completed is described as follows: FISCAL YEAR 2023-24 ANNUAL STREET

REHABILITATION PROJECT
The NAME OF THE ORIGINAL CONTRACTORS, if any, for such work of improvement is: S PORTER INC. AND BEAR VALLEY PAVING, INC.

The street address of said property is: VARIOUS STREETS WITHIN THE CITY OF BIG BEAR LAKE, NO APN
The property on which said work of improvement was completed is in the City of Big Bear Lake, County of San Bernardino, State of California.

Dated: 12/13/2023
Sean Sullivan, Public Services Department, City of Big Bear Lake

VERIFICATION
I, Sean Sullivan, am the Director of Public Services, the declarant of the foregoing Notice of Completion. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on 12/13/2023 at Big Bear Lake, CA.

Sean Sullivan, Public Services Department, City of Big Bear Lake Item 1.6
Attachment 5
RECORDING REQUESTED BY:

City of Big Bear Lake
WHEN RECORDED, PLEASE MAIL TO:

City of Big Bear Lake
City Clerk
PO Box 10000
Big Bear Lake, CA 92315
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or agent of the OWNER of the interest or estate state below in the property hereinafter described:

The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

NAME(S) ADDRESS(ES)
A work of improvement on the property hereinafter described was completed on: NOVEMBER 9, 2023 The work of improvement completed is described as follows: RATHBUN CREEK TRAIL SEGMENT 3 PROJECT The NAME OF THE ORIGINAL CONTRACTORS, if any, for such work of improvement is: S PORTER INC.

The street address of said property is: SONOMA DR., BETWEEN ELM ST AND MOONRIDGE RD., BIG BEAR LAKE, CA 92315
The property on which said work of improvement was completed is in the City of Big Bear Lake, County of San Bernardino, State of California.

Dated: 12/13/2023
Sean Sullivan, Public Services Department, City of Big Bear Lake

Executed on 12/13/2023 at Big Bear Lake, CA.

Sean Sullivan, Public Services Department, City of Big Bear Lake

CITY OF BIG BEAR LAKE
December 13, 2023
City Council Meeting
Discussion/Action Item
Reports

MEETING
DATE: December 13, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Erica Stephenson, Assistant City Manager/City Clerk Stephanie Smith, BB&K Director of Election Services
SUBJECT: Introduction of an Ordinance Renaming Municipal Code Chapter 2.08 to “City Council” and Adding Section 2.08.050 to Chapter 2.08 Relating to Local Election Campaign Contribution Limits and Regulations

BACKGROUND & DISCUSSION
Assembly Bill (“AB”) 571
AB 571 was signed by the Governor on October 8, 2019, and became effective on January 1, 2021, allowing cities and counties with no local campaign contribution limit to either set a local limit or default to the limit set for certain State elected offices (e.g., State Assembly or Senate). At the time of its adoption, the City Council did not adopt a local limit as allowed by AB 571, therefore defaulting to the State limit. The current State default limit on contributions from an individual per election is $5,500, effective January 1, 2023. This amount is subject to adjustment by the Fair Political Practices Commission (FPPC) in January of each odd year based upon the Consumer Price Index, rounded to the nearest hundred dollars. As such, the next adjustment will be in January of 2025.

On October 17, 2022, the City Council received a presentation on campaign contribution and finance basics from the City Attorney’s office. At the meeting, the City Council directed staff to return at a later time to allow City Council the opportunity to further consider adopting campaign financing limits that would be appropriate for Big Bear Lake.

Based on prior City Council direction, a draft ordinance is attached to this report which, if adopted, would codify City contribution limits and provide definitions and other technical terms to implement these limits. While an initial “placeholder” limitation of $1,500 is provided in the Ordinance, the limitation dollar amount is open for City Council discussion and direction. Should the City Council determine to raise or lower the limitation dollar amount, that change can be made administratively between first and second reading and will not require the Ordinance to return to the City Council for an additional first reading.

Below are factors that Council may wish to include in its consideration of whether or not to modify the City of Big Bear Lake’s contribution limit threshold from the current State default limit:
• The City would assume responsibility for enforcing contribution limits that vary from the Item 3.1
State’s default contribution limits. The California Fair Political Practices Commission (FPPC) enforces contribution limits that align with the State’s contribution limit. Because the City Council previously took no action, the City default’s to the State’s contribution limit and enforcement is currently the responsibility of the FPPC. If the City were to now adopt contribution limits that are either higher or lower than the State default limit, then the City would be responsible for enforcing its self-imposed limits. As outlined in the attached draft ordinance, enforcement would involve referral of the matter to the District Attorney for enforcement and could result in litigation when merited. The possibility of staff bringing enforcement actions against incumbent or future Councilmembers is complicated and frequently causes cities to contract out these services, either through referral to the District Attorney or through a third-party investigator/litigator. • Campaign contribution limits would not apply to Independent Expenditures, Ballot Measure Committees or Committees Seeking an Officer’s Recall. A local campaign contribution limit can only apply to direct contributions made to the candidate or to the candidate’s controlled committee. The United States Supreme Court, in its 2010 decision in Citizens United v. Federal Election Commission, held that the risk of actual or perceived “pay to play” corruption is a compelling enough governmental concern to reduce First Amendment freedoms and allow limits on direct contributions to a candidate or their controlled committee. The court further determined, however, that the risk of “pay to play” corruption is not the same for independent expenditure committees (IEC) and, hence, limiting their ability to collect and spend money for campaign purposes would violate their First Amendment rights. In sum, as long as an IEC (i) doesn’t give any money directly to a candidate or the candidate’s controlled committee, (ii) isn’t coordinating with, or acting at the behest of, a candidate or the candidate’s controlled committee, and (iii) files the required disclosure paperwork, the amounts that it collects and spends for campaign purposes cannot be limited. Likewise, such limitations may not apply to ballot measure committees or committees seeking an officer’s recall because the Court has found that there is not enough risk of “pay to play” corruption to justify restricting First Amendment freedoms of these committees. In the same court decision, the court found that agencies could not limit the total amount received from all sources per election, i.e., there can be no general donation or expenditure cap. The only limitations permitted are “per donor, per election cycle”. The attached draft ordinances recognize these Constitutional exceptions. • Lastly, the limit does not apply to the candidate directly. A candidate may donate or loan their campaign an unlimited amount.

FISCAL IMPACT
There is no immediate fiscal impact with adoption of the Ordinance. However, if Council adopts campaign contribution limits for City Council candidates that vary from the State’s default limit (that is currently set at $5,500 per source per election) then the City, as opposed to the Fair Political Practices Commission, would be required to enforce its contribution limits, which may incur unknown cost.

ENVIRONMENTAL CONSIDERATION
This proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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

1. Ensures fiscal responsibility

2. Enhances community engagement and local advocacy strategies, while bolstering partnerships with residents, businesses and regional partners

RECOMMENDED ACTION
It is recommended that the City Council read the title, waive further reading and introduce an ordinance entitled; An Ordinance of the City Big Bear Lake, Renaming Chapter 2.08 of the Big Bear Lake Municipal Code to “City Council” and Adding Section 2.08.050 to Chapter 2.08 Relating to Local Election Campaign Contribution Limits and Regulations.

ATTACHMENT

1. Ordinance No. 2023-XXX
Ordinance No. ______
Page No. 1
ORDINANCE NO. 2023-xxx

AN ORDINANCE OF THE CITY OF BIG BEAR LAKE RENAMING
CHAPTER 2.08 OF THE BIG BEAR LAKE MUNICIPAL CODE TO
“CITY COUNCIL” AND ADDING SECTION 2.08.050 TO CHPATER

2.08 RELATING TO LOCAL ELECTION CAMPAIGN

CONTRIBUTION LIMITS AND REGULATIONS
WHEREAS, Assembly Bill No. 571 (“AB 571”) imposed a default campaign contribution limit upon cities and counties effective January 1, 2021; and WHEREAS, California Government Code Section 85702.5 permits the City of Big Bear Lake to act by either ordinance or resolution to establish its own campaign contribution limits that differ from those described in Government Code Sections 85301 and 83124; and WHEREAS, transparency in local elections regarding financial contributions and influence are important to promoting the election process and to ensure a fair Council election process for all candidates; and
WHEREAS, in adopting this Ordinance, is the City Council's intention to promote transparency and ensure a fair election process by setting local campaign contribution limitations and requiring reasonable campaign finance disclosure for City Council elections; and WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. CEQA. The City Council finds that the proposed amendments to the Big Bear Lake Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 3. Code Amendment. Chapter 2.08 is hereby renamed as follows:

CHAPTER 2.08 – CITY COUNCIL
Section 2.08.050 is hereby added to the Big Bear Lake Municipal Code to read in full as follows:

Item 3.1
Attachment 1
Ordinance No. _____
Page No. 2
CHAPTER 2.08 – CITY COUNCIL

2.08.050 – City Council Campaign Finance Limitations and Regulations.

A. Intent.

It is the intent of the City Council of the City of Big Bear Lake in enacting this section to place realistic and Constitutionally enforceable limits on the amount which may be contributed to candidates’ political campaigns in City elections, for the purpose of preventing potential improper or undue influence over elected officials by campaign contributions, to develop a broader base of political efficacy within the community, to provide full and fair enforcement of all the provisions of this Section, and to encourage the public to participate as candidates in elections by simplifying the local regulations as much as possible in matters adequately regulated by State law. This Section is intended to supplement the Political Reform Act of 1974, as amended and in the event of a conflict between that Act and this Section, that Act shall prevail.

This Section is enacted pursuant to Article XI, Section 7 of the Constitution of the State of California, and Section 81013 of the California Government Code.

B. Definitions.

1. “Candidate” means an individual who:
a. is listed on the ballot;
b. who has qualified to have write-in votes on that individual’s behalf counted by election officials; or
c. who has begun to circulate nominating petitions or authorized others to circulate nominating petitions on the individual’s behalf for nomination for or election to any elective City office; or
d. who receives a contribution or makes an expenditure or gives consent for any other person to receive a contribution or make an expenditure with a view to bringing about the individual’s nomination or election to any elective City office, whether or not the specific elective office for which the candidate will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not the candidate has announced the candidacy or filed a declaration of candidacy at such time.
“Candidate” includes any individual running to replace an incumbent City officer who is the subject of a recall election but does not include any person within the meaning of Section 301(b) of the Federal Election Campaign Act of 1971. An individual who becomes a candidate retains status as a candidate until such time as that status is terminated pursuant to the Political Reform Act of 1974 (Government Code Section 84214, or successor statute.

2. “City election” means any general or special election, including a vacancy or recall election held within the City for elective City office or on a City measure. Each general or special election is a separate election for purposes of this Section.

3. “City measure” means any proposition for the issuance of funding or refunding of bonds of the City, voter approval of local taxes or other revenue matters, or any other question or proposition submitted to the voters of the City at any election held throughout the entire City. “City measure” Ordinance No. _____
Page No. 3
includes any measure which is submitted to a popular vote at an election by action of the City Council or which is submitted or is intended to be submitted to a popular vote at an election by initiative, referendum, or recall procedure, whether or not it has qualified for the ballot.

4. “Person” means any individual or entity, including without limitation a firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert.

Except as otherwise stated herein, the terms of this Section shall have those definitions provided in the Political Reform Act of 1974 ((Government code Section 81000, et. seq. or in the regulations adopted by the California Fair Political Practices Commission to implement the Act.

C. Campaign Finance Disclosure

1. Each candidate and committee must file campaign statements, statements of economic interest, reports, or other documents in the time and manner required by the Political Reform Act of 1974, as amended (Government Code Section 84100, et seq.). Except as set forth herein, compliance with the requirements of the Act are deemed to be in compliance with this Section.

2. Reportable contributions shall include, without limitation, money paid, loaned, contributed, or otherwise furnished to the candidate or any committee for the use of such candidate or such committee in aid of the candidate's election, or for the qualification, passage, or defeat of any city measure. Said disclosure shall include the name of the contributing person or entity and all other information required to be disclosed by the Political Reform Act of 1974, as amended.

3. All candidates and committees required to file campaign statements, reports, or other documents as referenced herein shall do so for all campaign expenditures made, to aid or oppose, either directly or indirectly, a candidate's election or the qualification and/or passage of any city measure. Reportable expenditures shall include, without limitation, expenditures made by a candidate, candidate-controlled committee, political party or independent expenditure committee.

4. Any elected officer, candidate, committee or other person required to file campaign statements, reports or other documents required by the Political Reform Act of 1974, as amended, shall file those statements, reports or other documents in paper format.

5. In any instance in which an original campaign statement, report or other document must be filed with the California Secretary of State or Fair Political Practices Commission and a copy of that statement, report or other document is required to be filed with the city clerk, the filer may, but is not required to, file the copy electronically.

D. Limits on Campaign Contributions

1. No person, other than the candidate, is permitted to make to a candidate or candidatecontrolled committee, and no candidate-controlled committee treasurer may solicit or accept, any campaign contribution which will cause the total amount contributed by such person with respect to a single city election to exceed one-thousand five hundred dollars ($1,500).

2. A candidate for elective office shall have no more than one candidate-controlled committee and one checking account into which all campaign contributions shall be deposited and out of which all expenditures shall be made. This paragraph shall not prohibit the establishment of savings accounts, but no qualified campaign expenditures shall be made out of these accounts.

Ordinance No. _____
Page No. 4

3. A person may not make a contribution for any other person under an assumed name or under the name of any other person.

4. The limit in paragraph (1) shall not be deemed to prohibit contributions or loans from a candidate to his/her own candidate-controlled committee in accordance with State law or to limit the amount of his/her own money or property a candidate may contribute, loan to, or expend on behalf of the candidate’s own campaign. Contributions by the spouse of a candidate from such spouse’s separate property shall be subject to the limit set forth in paragraph (1).

5. The limit in paragraph (1) shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the qualification and/or passage of one or more city measures. However, the disclosure requirements for all committees set forth in Subsection (C) shall apply.

6. The limit in paragraph (1) shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the recall of an incumbent City officer, but shall apply to all candidates and their controlled committees seeking election to replace the incumbent City officer. The disclosure requirements for all committees set forth in Subsection (C) shall apply.

7. The limit in paragraph (1) shall not apply to political contributions made to and expenditures made by an independent expenditure committee in support of or in opposition to a city measure, or in support of or opposition to the election of a candidate for city office, if the contributions and expenditures were not made at the direction or control of the candidate or his or her controlled committee. However, the disclosure requirements for all committees set forth in Subsection (C) shall apply.

8. The limit in paragraph (1) shall not apply to political contributions made prior to the effective date of this Section.

9. If a candidate or the treasurer of a candidate-controlled committee is offered a contribution which would violate this limitation, the candidate or treasurer must refuse the contribution. If, however, a contribution which is in violation of this section is deposited into the campaign trust account, the candidate or treasurer must report in writing within five days of the receipt of the contribution to the City Clerk the facts surrounding such payment or contribution and, to the extent permitted by applicable law, return the contribution.

E. Suppliers of goods and services – Disclosure of records required No person who supplies goods or services or both goods and services to a candidate or any committee for use in connection with the campaign of a candidate or for or against a city measure may refuse to divulge or disclose to any enforcement authority that person’s record of any expenditures made by the candidate or committee in payment for such goods or services or both.

F. Duties of the City Clerk
In addition to other duties required of the City Clerk under the terms of this Section, the City Clerk must:

Ordinance No. _____
Page No. 5

1. Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission to implement the Political Reform Act of 1974, as amended. These forms and manuals must be furnished to all candidates and committees, and to all other persons required to report;

2. Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of State law and this Section;

3. Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by State law and this Section;

4. Report apparent violations of this Section and applicable State law to the enforcement authority; and

5. Compile and maintain a current list of all statements or parts of statements filed with the city clerk’s office pertaining to each candidate and each city measure.

G. Enforcement.

Allegations of violations of this ordinance may be referred to the District Attorney for criminal prosecution. No enforcement, referral, prosecution or legal action shall be subject to review or control of the City Council, city staff, or the City Attorney.

H. Penalties

1. Any person who knowingly or willfully violates any provisions of this Section is guilty of a misdemeanor.

2. If any person is found to have violated Subsection (D), whether by civil, criminal or administrative enforcement action, the amount of funds received constituting such violation shall be paid by the candidate or committee that received such funds to the City Manager for deposit into the City's general fund. If any person is found to have violated any other sub-chapter of this Section, the fine imposed in connection with such violation shall be in the amount of $250.00 for the first 30 days after said violation, $500.00 for the next 30 days after said violation and $1,000.00 for any period in excess of 60 days following said violation, and shall be paid to the City Manager for deposit into the City's general fund.

3. If any candidate is convicted of a violation of any provision of this Section by a court of competent jurisdiction, the court shall be authorized, to the maximum extent allowed by State law, to declare the candidate’s election void or, if the candidate has already assumed office, to remove the candidate from office and declare such office vacant, to be filled in accordance with applicable State law. The Court shall also be authorized to declare the candidate/officer ineligible to hold any City office, up to the maximum amount of time allowed by State law for the offense.

I. Rules of Construction
This Section will be construed liberally in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any person in any procedure taken under this Section which does not directly affect the jurisdiction of the City to control campaign contributions and expenditures voids the effect of this Section.”
Ordinance No. _____
Page No. 6
SECTION 4. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and determination are based are on file in the office of the City Clerk.

SECTION 5. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 6. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance 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.

SECTION 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.

PASSED, APPROVED AND ADOPTED this XX day of ______, 2023. __________________________
Mayor
ATTEST:
__________________________
Erica Stephenson, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

Ordinance No. _____
Page No. 7

AN ORDINANCE OF THE CITY OF BIG BEAR LAKE RENAMING
CHAPTER 2.08 OF THE BIG BEAR LAKE MUNICIPAL CODE TO
“CITY COUNCIL” AND ADDING SECTION 2.08.050 TO CHPATER

2.08 RELATING TO LOCAL ELECTION CAMPAIGN

CONTRIUBTION LIMITS AND REGULATIONS
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 XX 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.

Erica Stephenson, City Clerk

CITY OF BIG BEAR LAKE
December 13, 2023
City Council Meeting
Public Hearing Reports

MEETING
DATE: December 13, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Erik Sund, City Manager
SUBJECT: Vacation Rental Ordinance

BACKGROUND
Pursuant to City Council direction, the City was tasked with conducting an annual review of the City’s vacation rental ordinance with significant public engagement of community members to seek their input on recommendations to the City’s current vacation rental regulations. The City conducted three community workshops in July and August of 2023, and developed a webpage:
www.citybigbearlake.com/vroreview, to provide updates, information and related vacation rental resources.

At the September 7, 2023 City Council meeting, the City’s contracted consultant, Tripepi Smith and City staff presented the City Council with all of the generated public feedback to review and consider, related to changes in the vacation rental ordinance. At the October 11, 2023 City Council meeting, staff presented a timeline for the implementation of the various vacation rental ordinance measures and again at the November 8, 2023 City Council meeting, staff presented a proposed reduced penalty and fine structure to be considered and eventually incorporated into a revised ordinance being presented at the City Council meeting of December 13, 2023.

DISCUSSION
Through a significant amount of public engagement processes, a number of public meetings, and City Council direction, City staff in collaboration with the City Attorney’s office have drafted an amended vacation rental ordinance, Attachment 1, based on the public’s feedback.

A brief summary of the significant changes:
• Proposing 2 options to the check in process: in person and virtual check in. • Reduction in penalties and fines.
• Detaching parking from occupancy.
• Removing square footage calculation and assigning occupancy based on bedrooms, and aligning more closely with San Bernardino County’s current vacation rental regulations. • Providing further clarification in definitions.
• For renewals we are implementing a 60 day warning system to ensure the renewal process is initiated and completed within 60 days in an effort to ensure the license does not expire Item 4.1
and new applications upon submittal will be required to complete the process within 60 days.
• Exterior and interior signage requirements added.
• Transient Occupancy Tax clarification language added
It is the intent of City staff to do a significant amount of outreach and marketing to communicate and educate existing vacation rentals license holders and new applicants and these new regulations and processes.

Additionally, City staff have developed an enhanced Good Neighbor Guide(Attachment 3), that provides more resources, education, and tips to make for a better visitor experience in Big Bear Lake, while striving to minimize impacts to residents. This updated guide will be incorporated into the process of check in with all responsible parties.

FISCAL IMPACT
There is no fiscal impact associated with this item at this time.

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

1. Enhance community engagement and local advocacy strategies, while bolstering partnerships with residents, businesses and regional partners

2. Preserve and protect the quality of life for the residents and the businesses, while maintaining a balance with the environment to foster a sustainable economic base +

RECOMMENDED ACTION
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: An Ordinance of the City Council of the City of Big Bear Lake, California, Amending Certain Sections of Chapter

4.01(“Vacation Rentals”) of Title 4 (“Visitor-Serving Uses and Tourism”) of the Big Bear Lake Municipal Code to Amend and Update the City’s Schedule of Fines, Penalties and Procedures to Address Noncompliance with the City’s Vacation Rental Regulations and Making Other Technical Amendments to Said Regulations.

Attachments:

1. Ordinance 2023-XX

2. Ordinance 2021-495

3. September 7, 2023 Meeting Packet

4. Good Neighbor Policy
ORDINANCE NO. 2023- xxx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR

LAKE, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER

4.01 (“VACATION RENTALS”) OF TITLE 4 (“VISITOR-SERVING USES AND TOURISM”) OF THE BIG BEAR LAKE MUNICIPAL CODE TO
AMEND AND UPDATE THE CITY’S SCHEDULE OF FINES, PENALTIES

AND PROCEDURES TO ADDRESS NONCOMPLIANCE WITH THE
CITY’S VACATION RENTAL REGULATIONS AND MAKING OTHER
TECHNICAL AMENDMENTS TO SAID REGULATIONS.

WHEREAS, pursuant to Chapter 4.01 of Title 4 of the Big Bear Lake Municipal Code (B.B.L.M.C. §§4.01.010 through 4.01.110), the City currently licenses owners of certain residential dwelling units within the City to lease all or some of their property as vacation rentals, for a term of 28 or fewer consecutive days, subject to those conditions and regulations as provided in Chapter 4.01; and
WHEREAS, as part of discussions with residents and interested parties in the City, the City Council hereby adopts these amendments to the City’s fine/penalty schedule and procedures along with other technical amendments to the City’s regulations for vacation rentals.

WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 3: Code Amendment. Chapter 4.01 of Title 4 of the Big Bear Lake Municipal Code is hereby amended to read as follows:
(Note: strikeout is deleted text and bold underlined is new text) “Title 4 Visitor-serving uses and tourism
Chapter 4.01 Vacation Rentals
Item 4.1
Attachment 1
Section 4.01.010. Purpose
This chapter is intended to provide a procedure to allow the rental of private homes to visitors on a short-term basis as vacation rentals. The city seeks to promote vacation rentals, promote responsible visitor behavior, and protect the residential character of its neighborhoods.

Section 4.01.020. Definitions
For purposes of this chapter, the following words and phrases are defined as follows:

A. “Agent” means a person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner.

B. “Bedroom” means a room designed primarily for sleeping purposes that meets the definition of the applicable California Building, Housing and related Codes currently adopted by the city.

C. “Check in” means the arrival of a guest at a vacation-rental property and meeting the owner or agent in person, or arrival at an agent’s office to meet the agent in person, or confirmation of arrival through a virtual check-in procedure between the guest and the owner or agent approved by the city that, at minimum, (1) verifies the identities of all responsible parties, (2) requires the responsible party(ies) to sign the Good Neighbor Policy and (3) requires the responsible party(ies) to execute the rental contract.

D. “Contract” means an agreement or evidence of any tenancy that allows or provides for occupancy of a vacation-rental property. A contract is any occupancy of a property where any compensation or fees are paid for or related to such occupancy, whether or not occupancy is evidenced in an agreement or document. A contract is not required for home-sharing, as defined herein.

E. “Dwelling unit” shall mean one or more rooms in a building or portion thereof, designed, intended to be used or used for occupancy by a family or household for living and sleeping quarters, and containing only one kitchen, not including hotels or motels.

F. “Good Neighbor Policy” means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this code and other applicable laws, rules or regulations pertaining to the use and occupancy of vacation rentals.

DG. “Home-sharing” or “home sharing property” means the rental of no more than two bedrooms in a detached single-family dwelling unit, for compensation, for a term of 28 or fewer consecutive days while the owner of the unit is present lives on-site and living in the unit home, throughout the visitor’s stay.

EH. “Hosting platform” or “hosting site” means a person or entity who participates in home-sharing or vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet based services that facilitate bookings for a fee.

FI. “Owner” means a person or entity, who holds record fee title to the vacation rental property, except that “owner” does not include the holder of a leasehold interest in the vacation rental property.

GJ. “Responsible party” means the lessee of a vacation-rental property.

HK. “Vacation rental” or “vacation-rental property” means either (1) a residential dwelling unit, or any portion thereof, that is leased for a term of twenty-eight (28) or fewer consecutive days; or. “Vacation rental” or “vacation-rental property” includes properties where a home-sharing property takes place unless expressly indicated otherwise.

Section 4.01.030. License Required
A. A current, valid and active annual license issued by the city to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a vacation-rental property. The license shall be posted inside of the Each vacation-rental property on a site requires a license.

B. The license shall be conspicuously posted inside of the vacation-rental property and the license number shall be included on all advertisements or solicitations for the vacation-rental property, including, but not limited to hosting sites, websites, social media postings, emails, and print ads.

C. Upon sale or change of vacation-rental property ownership, the license shall automatically expire and the property shall not be used as a vacation rental until the new or successor owner obtains a license for the vacation rental. A change in ownership of a business entity that owns a vacation rental property such that the property is subject to property tax reassessment constitutes a change of ownership for the purposes of this provision and results in the expiration of the license. Notwithstanding the above, a change of vacationrental ownership between family members or among spouses, including as a result of death or divorce or transfer to a personal or family trust, shall not result in expiration of a license. “Family members” shall mean spouses, as well as biological or adopted children, parents, brothers/sisters, grandparents, grandchildren, uncles, aunts, nephews or nieces of the owner.

D. A transferring owner shall notify the city in writing of any change in vacation-rental ownership, including a change of vacation-rental ownership between family members, a personal or family trust or among spouses, not later than fifteen (15) business days after the change in ownership.

Section 4.01.040. Licensing Procedure
A. All vacation-rental licenses issued by the city shall have a term of no more than one (1) year. An owner shall apply to the city for a new license or for the annually renewal of a license for each vacation-rental property and pay a fee established by resolution of the city council. The fee shall be non-refundable.

The fee shall be sufficient to allow for comprehensive and complete enforcement of the regulations in this section. The city shall provide an application form and list of application and insurance requirements. If an owner submits a renewal application with the city prior to the license’s expiration date, the license shall remain valid until the city renders a decision on the license renewal. Any renewal of a license shall have a term of one (1) year following the date of expiration of the prior license.

1. At the time of applying for a new license or for renewal of an existing license, all business entities and personal or family trusts must provide the names, contact information, and any other information deemed necessary by the city, of each natural person holding a legal, equitable, or beneficial interest in the business entity, personal business or personal or family trust that owns the vacation rental, and the address of each vacation rental owned by each such business entity, personal business or trust. The City shall, to the maximum extent permitted by law, maintain the confidentiality of such information. Unless otherwise required by law, the City shall not disclose any of this information in response to a public records request.

2. When reviewing applications for new licenses and prior to issuing a new license, the city shall utilize the information provided under Paragraph A.1. to ensure that no natural person has any legal, equitable, or beneficial interest in more licenses than permitted in Subsection B.

3. If an owner seeking renewal of a license fails to provide all required application information to the city within sixty (60) days following written demand by the city, the application for renewal shall be closed out, no license renewal shall be issued, and the owner shall be required to submit a new application and fee to the city to seek a new license.

B. An owner may not hold more than two licenses, except that an owner holding more than two licenses as of September 16, 2021, may renew those licenses unless they have been revoked or not renewed within thirty (30) days of expiration.

C. As a courtesy each year, the city will provide a notice to the owner or their agent by standard and/or electronic mail at least sixty (60) days prior to an existing license’s expiration that the owner or their agent must apply to the city to renew a license. The city may adopt an administrative policy to specify the notice procedures and to allow an owner to opt out of some or all of these notices. Notwithstanding the above, failure of an owner or agent to receive a notice shall not relieve the owner of the obligation to apply for a license renewal nor shall it operate to extend the term of any license beyond its expiration date.

D. The city shall not renew any licenses for any vacation-rental property units with unpaid city taxes or fines outstanding that the owner is responsible for, if all administrative appeals have been exhausted, unless the owner has entered into an agreement with the city for payment of said taxes or fines that allows renewal of a license.

Section 4.01.050. Transient Occupancy Tax/Tourism Business Improvement District Assessment
A. Except as provided in Paragraph B below, the owner is responsible for collecting and remitting transient occupancy tax and tourism business improvement district assessments to the city and shall comply with all provisions of Chapter 3.20 of this code concerning transient occupancy taxes.

B. Beginning January 1, 2022, hosting platforms shall be responsible for collecting all applicable transient occupancy taxes and tourism business improvement district assessments and remitting the same to the city. The hosting platform shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant to Chapter 3.20.

C. Owners shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf.

D. Licensees making two or more late submittals in a 12-month period shall not have their license renewed upon expiration.

E. Owners shall provide all transient occupancy tax/tourism business improvement district assessment related documents to the city within five (5) business days of the city’s written request, as more particularly set forth in Section 4.01.080. If any documents are not in the possession of an owner but are in the possession of an agent, the owner shall promptly request said documents from the agent within three (3) business days of the city’s written request and the documents shall be provided to the city within five (5) business days thereafter.

F. Timely payment of applicable transient occupancy taxes/tourism business improvement district assessments for a vacation-rental property shall not excuse an owner’s noncompliance with any other provisions of this Chapter and the city may impose fines or take other action as set forth in this Chapter to address said noncompliance.

Section 4.01.060. Operational Requirements
A. The owner and owner’s agent shall ensure that the vacation rental property complies with all applicable codes regarding fire, building and safety, zoning, lighting, and all other laws and regulations.

B. All responsible party and guest check-ins must be performed in person by the owner or the owner’s agent, or by confirmation of arrival through a virtual check–in procedure between the guest and the owner or agent in a format approved by the city. The responsible party must be present in person or appear virtually at the check-in. The responsible party must sign a copy of the city’s Good Neighbor Policy no more than fourteen (14) days prior to check-in or during check-in. If using virtual check-in, the owner or their agent shall secure the signature of the responsible party staying at the vacation-rental property prior to occupancy. The owner shall retain a copy of each signed Good Neighbor Policy for a period of one (1) year from the date of check-in.

A copy of the signed policy shall be provided to the city by the owner or owner’s agent upon request. An owner or agent may provide an electronic process for guests to sign and acknowledge the City’s Good Neighbor Policy at check-in.

C. Occupancy of the vacation-rental property shall always be limited to the limit stated on the license, provided however that. Ssuch occupancy shall not exceed the following limits: two adults per bedroom, plus two additional adults, not including persons under 18 years of age; but the total number of persons, including persons under 18 years of age, may not exceed one person per 200 square feet of living space or 16 persons, whichever is less. Properties without all the parking spaces that are required by Section 17.25.070 are limited to two adults per parking space provided.

Number of Bedrooms
Occupied
Total Number of
Occupants
0/1 Bedroom 4
2 Bedrooms 6
3 Bedrooms 8
4 Bedrooms 10
5 Bedrooms 12
6 Bedrooms 14
7+ Bedrooms 16
Notwithstanding the above, if this subsection results in an increase in total occupancy over the owner’s current licensed occupancy, the occupancy limit set forth above shall not go into effect for a particular vacation rental property until the license for that property is renewed by the owner, or January 1, 2025, whichever is later. If this subsection results in a decrease in total occupancy over the owner’s current licensed occupancy, the occupancy limit set forth above shall not go into effect for a particular vacation rental property until there is a sale or change of vacation-rental property ownership (as defined by Section 4.01.030(C)) requiring the new owner to obtain a new license to operate the vacation rental property or if the license has been revoked, suspended or expired.

D. No party, wedding, or other gathering exceeding occupancy limits is permitted without prior written approval by the city manager or the city manager’s designee at least thirty 30fourteen (14) business days in advance. City approval is discretionary and may be subject to reasonable conditions.

E. Off-street parking spaces shall be provided on the vacation-rental property sufficient for all vehicles and trailers associated with the vacation-rental property or its occupants in accordance with Section 17.25.070. Parking is allowed only in designated paved driveways and garages and is not allowed in the yard, lawn or street at any time. The maximum number of vehicles at a vacation rental property at any time is also the minimum number of parking spaces required. Gravel parking spaces approved for vacation-rental properties licensed before January 11, 2021, and originally constructed after January 1, 2004, shall continue to be allowed until January 1, 2026. Properties licensed before January 11, 2021, that do not contain off-street parking spaces shall continue to be allowed until January 1, 2026. Off-street parking at a vacation-rental property shall always be limited to the limit stated in the license, provided however that the number of vehicles parked at the vacation-rental property shall not exceed the number of legal parking spaces on the vacation-rental property. For purposes of this subsection, “vehicles” shall include passenger cars, towing trailers and boats.

Further, the owner or agent shall remove snow from required parking spaces and access drives to off-street parking spaces prior to and during occupancy of the vacation rental if snow accumulation exceeds two inches. If the city has not reduced the snow berm at the driveway prior to or during occupancy, the owner or agent shall reduce the berm to provide guest access to the required off-street parking spaces.

F. Upon the request of the city, the owner or the owner’s agent shall respond in person at the vacation-rental property within 30 minutes of dispatch of notice by the city to correct a any violation of this chapter or any other provision of this code. If the responsible party or any guest at a vacation-rental property fails to follow the reasonable direction of the owner or owner’s agent to comply with this ordinance or this code, the owner or owner’s agent shall notify the city and refer the matter to lawful authority. Any responsible party and guests must comply with any lawful order of any fire, law enforcement, code enforcement or any other public safety officer, which may include vacating or removal from the vacation-rental property.

G. No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other any machine or device for the producing or reproducing of any sound may be operated on the vacation-rental property unless it is within a fully enclosed structure and is not audible at the property line of the vacation-rental property.

H. Outdoor Any activity, whether indoor or outdoor, on the vacation-rental property that disturbs the peace and the use of an outdoor spa by a responsible party and/or their vacation rental guests are prohibited between the hours of 10:00 p.m. and 7:00 a.m.

I. Each vacation-rental property shall be equipped with no more than a single one informational sign not to exceed two (2) square feet in area as described in the registration materials. Each sign shall be clearly visible from the street, the city’s code compliance hotline/reporting telephone number, the 24/7 Agent contact telephone number, the maximum number of occupants, and the maximum number of vehicles permitted plus additional information required by administrative policy of the city.

J. Trash may not and refuse shall not be left stored at a vacant vacation rental property at any time within public view except in proper containers for the purpose of collection by the collectors. No container shall be placed in or adjacent to a street or public right-of-way for collection service more than twenty-four (24) hours prior to the normal collection time. Containers shall be removed from, within or adjacent to the street or right-of-way within twenty-four (24) hours after collection. The Owner shall ensure compliance with all the provisions of Chapter 8.64 of the Municipal Code (“Solid Waste Management, Collection or Solid Waste and Recyclable Material, and Edible Food Recovery”) or by such other means as may be approved by the city.

Alternatively, trash and refuse may be disposed at “Clean Big Bear” sites as authorized by the city.

K. Incessant barking from dogs of a responsible party and/or their vacation rental guests heard beyond the property line is prohibited.

L. The owner shall include written notice to lessee the responsible party of the identified requirements of this section in all leases contracts and shall post a copy of the current license and the requirements of this section visible notice at the interior entrance or other prominent location within to the vacationrental property.

M. No person may enter into a vacation-rental contract with an owner or agent for occupancy of a vacation rental property unless that person is at least 21 years of age. No owner or agent may enter into a vacation-rental contract with any person for occupancy of a vacation rental property unless that person is at least 21 years of age.

Section 4.01.070. Agency and Certification
An owner may grant authority to an agent to act on behalf of the owner for purposes of fulfilling some or all the requirements of this chapter. The owner shall give prior written notice to the city of any grant of such authority to a notice, including the identity and contact information for the agent. The owner shall promptly give the city written notice of any change to any such grant of authority of making such change. The use of an agent shall not excuse the owner from the owner’s obligations of this chapter. Agents and owners fulfilling any of the requirements of this chapter shall be annually certified by the city.

Section 4.01.080. Inspection and Audit.

A. Each owner and owner’s agent shall provide the city with access to the vacationrental property and to such related records, documents, tax returns, and bank accounts at any time during normal business hours as the city may determine are necessary for the purpose of inspection or audit to determine that the objectives and conditions of this chapter are being fulfilled. The City shall, to the maximum extent permitted by law, maintain the confidentiality of such records and documents, including, but not limited to, bank statements, tax returns, any responsible party and guest names, e-mail addresses and government-issued identification documents. Unless otherwise required by law, the City shall not disclose any of this information in response to a public records request.

B. Every applicant applying for a license or for renewal of an existing license shall provide the city access to any premises, property or dwelling unit which is the subject of the application, and, upon reasonable advance written notice to the owner and/or agent, the city shall be permitted to make any inspections as the city may determine is necessary from time to time throughout the application process. If a license is issued or renewed, the city shall, upon reasonable advance written notice to the owner and/or agent, be permitted access to the subject premises, property or dwelling unit in order to determine continued compliance with this chapter and/or any conditions of approvals set forth in the respective license.

Section 4.01.090. Hosting Platform Responsibilities.

A. Subject to applicable laws, hosting platforms shall, upon written request by the city, promptly disclose to the city each vacation-rental property listing located in the city, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.

B. A hosting platform shall promptly remove any listing upon receipt of a take-down notice from the city indicating that a listing violates applicable legal requirements.

C. A hosting platform is responsible for collecting and remitting transient occupancy taxes and tourism business improvement district assessments on behalf of their hosts beginning January 1, 2022, in accordance with Section 1.01.050 above this Code.

D. A hosting platform shall require all hosts to include a valid license number in a designated field dedicated to the license number no later than January 1, 2022.

Section 4.01.100. Violations and Penalties
A. The city may issue an administrative citation to any person who either (1) operates a vacation-rental property without a current license or (2) advertises a vacation-rental property with false license or occupancy information, offering self-check-in, or without including a valid license number for the property in the advertisement. The administrative fine for the first citation shall be in the amount of five thousand dollars ($5,000.00)one thousand five hundred dollars ($1,500.00). Any person operating an unlicensed vacation-rental property violating this subsection shall be permanently ineligible to operate any vacationrental property in the city, and any property that is operated as a vacation-rental property without the required license in violation of this subsection shall be ineligible for to be issued a vacation-rental property license for a period of one year from the most recent citation issued for operating without a license violating this subsection. If the person continues to operate a vacation-rental property without a license in violation of this subsection within a 12-month period from the first violation, the city may issue an additional second administrative citation, with an administrative fine in the amount of ten thousand dollars $10,000.00two thousand five hundred dollars ($2,500.00). Any additional violations occurring within a 12-month period from the first violation may shall be subject to additional citations of five thousand dollars ($5,000.00) each with escalating fines provided in a schedule established by the city council by resolution. Each violation constitutes a separate violation of this chapter.

Any person operating an unlicensed vacation-rental property is remains liable to the city for the payment of any applicable transient occupancy tax and tourism business improvement district assessments in accordance with the provisions of Chapter 3.20 of this code, including without limitation penalties and interest.

B. For any violation of this chapter that is not subject to subsection A above and D below, the city may impose an administrative fine for the first violation in the amount of five hundred dollars ($500.00). The fine for each subsequent city may impose an administrative fine for a second violation within a 12-month period from the first violation in the amount of shall be one thousand dollars ($1,000.00). The city may issue an administrative fine for third and subsequent violations within a 12-month period from the first violation in the amount of one thousand five hundred dollars ($1,500.00) each. Upon the third violation in any 12-month period of any provision of this chapter that is not subject to subsection A above, the license for that vacation-rental property may be suspended or revoked by the city.

C. Each Except as stated herein, each administrative citation for a violation of any provision of this chapter may be levied or assessed against one or more of: the owner, the owner’s agent, a hosting platform, and the responsible party. The city may initiate suspension or revocation of a license after one violation. Each day that a violation which occurs is a separate violation, even if each violation occurs on the same calendar day, for which the city may issue a separate administrative citation and fine.

D. Any person who advertises a vacation-rental property with false occupancy information, offering self-check-in, or without including a valid license number for the property in the advertisement shall pay a fine in the amount of two thousand five hundred dollars ($2,500.00), and the owner’s license may be revoked. The owner’s license shall be revoked for a second offense, if not revoked already.

ED. The failure of an owner or the owner’s agent to comply with an lawful order of any police fire, law enforcement, code enforcement or any other public safety officer shall may result in the revocation or suspension of the license.

FE. The appeal and hearing provisions of Section 1.17.070 of this code apply to any revocation or suspension of a license. In lieu of revocation or suspension of a license, the City Manager, at his or her discretion, may place additional operating conditions on a vacation-rental property license.

GF,. In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the city from pursuing any other remedy, whether criminal, civil, or administrative, through which the city may enforce this chapter or address any violation of this code or to remedy any other public nuisance.

HG.. Owners and agents must accept all city vacation-rental-related correspondence, including, but not limited to, notices of violation, administrative citations, registration materials, notices of regulatory changes, and transient occupancy tax notices via email delivery. It is the responsibility of the owner and agent to ensure that the email address provided on the license application is active and monitored regularly.

FINE SCHEDULE
Municipal Code Section Violation 1st 2nd 3rd+
Municipal Code: 4.01.030 (A)
Renting and/or advertising without a
current license or misrepresenting
provisions of the license.
$1,500 $2,500 $5,000
Municipal Code: 4.01.060 (J)
Maintenance issues (Trash, pine needles
(roof), other debris, etc.)
Warning will be issued and potential
violation will be sent to Big Bear Fire
Authority
$500 $1,000 $1,500
Municipal Code: 4.01.060 (A)
Zoning (Lighting, Unpermitted
Construction) Dark skies.

A one-time warning will be issued, and the
violation must be corrected within 30 days
of issuance of the warning
Municipal Code: 4.01.060 (I)
Missing or incorrect information on
exterior sign
A one-time warning will be issued, and the
violation must be corrected within 30 days
of issuance of the warning
Municipal Code: 4.01.060 (K)
Excessive Dog Noise
A one-time warning will be issued, case
may be referred to SB County Sheriff's
Dept.

Municipal Code: 4.01.060 (B) Failure to provide proof of signature for the Good Neighbor Policy
Municipal Code: 4.01.060 (C) (D) Over Occupancy
Municipal Code: 4.01.060 (E) Excessive vehicles/ Improper parking (Parking on the street or front yard)
Municipal Code: 4.01.060 (F) Failure of agent response within 30 minutes
Municipal Code: 4.01.060 (G) Amplified music (Noise/ Speaker) that is heard past the property line
Municipal Code: 4.01.060 (H) Noise, Outdoor activity, or use of Outdoor Spa
Section 4.01.105. Authority to Make Rules and Regulations The city shall have the authority to establish administrative rules and regulations, which may include, but are not limited to, registration conditions, notice and reporting requirements, inspection frequencies, enforcement procedures, advertising restrictions, disclosure requirements, or insurance requirements, consistent with the provisions of this Chapter, for the purpose of implementing, interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Chapter.

Section 4.01.110.

VACATION RENTAL ELIGIBILITY
TABLE
Zoning District Improvements on Property Vacation Rental Eligibility R-L & R-1 Zones 1 Single-Family Unit Eligible
I Single-Family Unit & Detached
Guest House (no kitchen)
Eligible, as one unit combined.

Must rent the entire property to
same party. No kitchen allowed
in Guest House.
1 Single-Family Unit & ADU** Not eligible
1+ Detached Single-Family Units Only 1 unit is eligible 1+ Attached Single-Family Units Only 1 unit is eligible R-3 Zone 1 Single-Family Unit Eligible
1 Single-Family Unit & Detached
Guest House (no kitchen)
Eligible, as one unit combined.

Must rent the entire property to
same party. No kitchen allowed
in Guest House.

I Single Family Unit & ADU** Not eligible
I+ Detached Single-Family Units Only I unit is eligible 2-4 Attached Single-Family Units All are eligible
>4 Attached Single-Family Units
Under Single Ownership (Apartments)
None are eligible
>4 Attached Single-Family Units
Under Multiple Ownership
(Condominiums)
All are eligible
Commercial Zones
(including Village
Commercial)
1 Single-Family Unit Village Commercial = Eligible.

Commercial Zones =Not
eligible.

Mixed-use building
1+ Detached Single-Family Units
1+ Attached Single-Family Units
None are eligible.
*Owners of licensed properties as of January 11, 2021 that are not in compliance with the above table can continue to renew license unless it has been revoked or expired more than 30 days. ** No property is eligible for a vacation rental license if the property has an ADU on it, regardless of zone.”
SECTION 4. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and determination are based are on file in the office of the City Clerk.

SECTION 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.

PASSED, APPROVED AND ADOPTED this XX day of ______, 2023. __________________________
Mayor
ATTEST:
__________________________
Erica Stephenson, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR

LAKE, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER

4.01 (“VACATION RENTALS”) OF TITLE 4 (“VISITOR-SERVING USES AND TOURISM”) OF THE BIG BEAR LAKE MUNICIPAL CODE TO
AMEND AND UPDATE THE CITY’S SCHEDULE OF FINES, PENALTIES

AND PROCEDURES TO ADDRESS NONCOMPLIANCE WITH THE
CITY’S VACATION RENTAL REGULATIONS AND MAKING OTHER
TECHNICAL AMENDMENTS TO SAID REGULATIONS.
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 XX day of ______, 2023, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ORDINANCE NO. 2021-495

ORDINANCE ADOPTING MUNICIPAL CODE AND DEVELOPMENT
CODE AMENDMENT 2020-103 TO AMEND DEVELOPMENT CODE
SECTION 17.25.070 PERTAINING TO RESIDENTIAL PARKING
STANDARDS AND AMEND CHAPTER 4.01 PERTAINING TO

VACATION RENTALS, AND FINDING THESE ACTIONS TO BE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Big Bear Lake, California (the “City”) is a municipal corporation and Charter City, duly organized under the constitution and laws of the State of California; and WHEREAS, the City of Big Bear Lake is a four-season resort community where tourists visit to escape everyday urban life in order to enjoy a unique mountain experience, including recreation activities, rest, and relaxation; and
WHEREAS, the City of Big Bear Lake desires to preserve the residential character of neighborhoods that enhance the quality of life for our residents and provide a peaceful retreat for our visitors; and
WHEREAS, the City has a legitimate governmental interest in appropriately regulating the transitory use of residential properties to preserve the long-term residential character of its residential neighborhoods; and
WHEREAS, according to the Big Bear Lake General Plan, the local economy is primarily based on tourism, therefore, a guiding principle of the City of Big Bear Lake is to encourage a yearround, well-balanced economic base while recognizing the importance of tourism in the local economy; and
WHEREAS, due to Big Bear Lake’s status as a resort community that offers unique vacation opportunities for large families, the City desires to maintain the ability for visitors to rent family homes for their vacation accommodations; and
WHEREAS, the City Council adopted Ordinance No. 99-300 on August 9, 1999, establishing regulations for Transient Private Home Rentals (vacation rentals); and WHEREAS, the City Council adopted Ordinance No. 2007-375 on December 10, 2007, amending the Development Code to include provisions for enforcing regulations on Transient Private Home Rentals (vacation rentals); and
WHEREAS, the City Council adopted Urgency Ordinance No. 2021-488 on January 11, 2021, deleting references to Transient Private Home Rentals from Chapter 17 and adding Chapter 4.01 to the Municipal Code regulating vacation rentals; and
WHEREAS, the protection of public health, safety, and welfare is a primary objective of the Big Item 4.1
Attachment 2

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Ordinance No. 2021-495
Bear Lake General Plan; and
WHEREAS, under Public Resources Code section 21065, adoption of this ordinance is not a project subject to the California Environmental Quality Act (CEQA), and, alternatively, adoption of the ordinance is exempt from CEQA under CEQA Guidelines section 15061(b)(3), the general rule that states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This Municipal Code Amendment does not have the potential to cause a significant effect on the environment; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.

NOW, THEREFORE, the City Council does ordain as follows:

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

Section 2. The City Council hereby finds that, based on the public testimony and substantial evidence in the record, under Public Resources Code section 21065, adoption of this ordinance is not a project subject to the California Environmental Quality Act (CEQA), and, alternatively, the adoption of the ordinance is exempt from CEQA under CEQA Guidelines section 15061(b)(3), the “common sense” rule that states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This Municipal Code Amendment does not have potential to cause a significant effect on the environment.

Section 3. Based on the evidence presented to the City Council, including oral and written agenda reports and public testimony, the City Council finds as follows with respect to the Municipal Code Amendment and Development Code Amendment 2020-103:

1. The Municipal Code amendment is consistent with all other related provisions thereof because the amendment does not conflict with other standards and provisions of the Municipal Code and adding provisions to regulate vacation rentals elsewhere in the Municipal Code is in the City’s best interest.

2. The Development Code amendment is reasonable and beneficial at this time because it will remove any potential conflict arising from legally established gravel parking spaces located on vacation rental properties, and is consistent with the City’s General Plan.

Section 4. Based on the findings and conclusions set forth in Sections 1 and 2, above, the City Council hereby adopts the amendments identified in Attachments A, B, C to this ordinance, which are attached hereto and incorporated herein by reference.

Section 5. The City Clerk shall certify to the adoption of this ordinance. The Clerk shall timely file a notice of exemption under CEQA.

Section 6. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that they would have adopted

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Ordinance No. 2021-495
this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

PASSED, APPROVED AND ADOPTED THIS 16th day of August, 2021. ________________________
Rick Herrick, Mayor
ATTEST:
________________________
Erica Stephenson, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

ORDINANCE ADOPTING MUNICIPAL CODE AND DEVELOPMENT CODE
AMENDMENT 2020-103 TO AMEND DEVELOPMENT CODE SECTION 17.25.070

PERTAINING TO RESIDENTIAL PARKING STANDARDS AND AMEND
CHAPTER 4.01 PERTAINING TO VACATION RENTALS, AND FINDING THESE

ACTIONS TO BE 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 16th day of August 2021, and that the same was so passed and adopted by the following vote:

AYES: Putz, Melnick, Mote
NOES: Lee
ABSTAIN: Herrick
ABSENT: None
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. 2021-495 was duly and regularly published according to law and the order of the City Council and circulated within the said City.

Erica Stephenson, City Clerk

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ORDINANCE ATTACHMENT A
CHAPTER 17.25.070

17.25.070 RESIDENTIAL PARKING STANDARDS
A. General parking requirements for residential zones

1. Off-street parking shall be provided for any new building constructed and for any new uses established, for any addition or enlargement of an existing building or use, and for any change in the occupancy of a building or the manner in which any use is conducted, that would result in additional parking spaces being required, subject to the provisions of this section.

2. No existing use of land or existing structure where parking for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of off-street parking facilities prescribed by this section. Facilities being used for off-street parking may be reduced in capacity to the minimum standards prescribed in this chapter to provide for landscaping and snow storage.

3. All off-street parking spaces and driveway areas shall be paved with a solid concrete or asphalt surface, except for parking decks constructed with wood, and maintained for the duration of the use requiring such areas in accordance with City standards; except that clearly delineated parking spaces and driveway areas that were legally established before January 1, 2004, and that are comprised of a minimum of a 1-inch-deep gravel surface are permitted to be maintained. Any expansion of existing parking spaces or driveway area shall be paved.

4. All required parking spaces, including covered spaces, shall be maintained exclusively for the parking of vehicles of the occupant(s) of the premises or their guests.

5. All required off-street parking spaces shall be located on the same lot as the use to be served.

6. Vehicle parking shall be allowed within designated driveways, parking pads or garages. No parking of vehicles shall be permitted within the natural open space area provided within the front, side or rear yards of the dwelling unit.

7. Where the application of the off-street parking requirements results in a fractional number of spaces, a fraction of one-half or greater shall be rounded to the next higher whole number, and a fraction of less than one half shall not be counted.

8. The required parking is cumulative for all of the uses proposed on the same lot, except as otherwise approved. The applicant may submit a parking study prepared by a qualified traffic engineer to justify the provision of a lesser number of spaces than that required by this section, based on shared use of spaces, the nature of the use, or other factors, and the reviewing authority may approve a reduction of the

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parking requirement based upon the recommendations contained in the approved parking study as part of the land use approval process. In the event no other land use approval process is required to establish the uses in question, a minor modification allowing reduction in required parking based upon an approved parking study may be approved.

9. The off-street parking requirements contained in this section are minimums for the listed uses. If evidence before the reviewing authority shows that a specific application will result in a higher demand for parking than is normally expected for that type of use, a greater number of spaces may be required.

10. Parking of abandoned, unlicensed, or inoperative vehicles is subject to and will be abated pursuant to applicable provisions of the Big Bear Lake Municipal Code and the California Vehicle Code.

11. Commercial vehicles, as defined in Section 22507.5 of the California Vehicle Code, shall not be parked on any public or private property used for residential purposes unless they are (1) in the process of making an immediate pickup or delivery of goods, or (2) making a service call to the occupants of the premises, or (3) said vehicle is used by an occupant of the premises as a primary means of transportation to and from work.

12. The minimum dimensions of an uncovered parking space are 9 feet (width) by 19 feet (length).

B. Parking for single family residential zones and uses

1. Single-family detached residential dwelling units in any zone shall be provided with a minimum of 2 parking spaces, which may be tandem spaces.

2. No alteration of a single family dwelling unit which has at least one covered parking space at the time such alteration is proposed shall be approved, if said alteration would result in the elimination of all covered parking spaces on the lot; at least one (1) covered parking space shall be maintained.

3. Parking for recreational vehicles, boats, trailers, camper shells, off-road vehicles, personal watercraft and similar items is permitted within the side yard or rear yard of the dwelling unit, provided that such items are stored on a paved surface and that screening is provided from adjacent rights-of-way. These items shall not be parked within the area of the lot considered to be the front yard (excluding the driveway).

No more than 2 of these items may be kept on a single-family residential lot, except within a permitted, enclosed building.

4. Except as otherwise allowed by a home occupation permit issued pursuant to section 17.03.270, parking or storage of commercial or business-related vehicles, equipment, materials, and tools is not permitted on single-family residential lots; except that a business or commercial vehicle regularly used to transport a resident of the home to and from that person’s place of employment is exempt from this restriction.

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5. The use of tents, canopies or similar devices to shade vehicles is not allowed in residential zones. Where provided, covered parking shall consist of permanent structures, such as garages or carports, and shall meet all applicable codes. This section shall not be interpreted to restrict the use of vehicle coverings that are attached to the vehicle and are not affixed to the ground.

6. Where provided, garages and carports shall meet all applicable codes. A single-car garage for single-family residential use shall have minimum clear inside dimensions of 10 feet (width) by 20 feet (length). A double-car garage shall have minimum inside dimensions of 20 feet by 20 feet. Additional parking spaces within an enclosed garage shall be a minimum of 9 by 19 feet each.

7. The minimum driveway width for a single-family residence shall be 12 feet, and the maximum driveway width at the street shall be 24 feet. Driveways for garages accommodating 3 or more vehicles shall be tapered down at the street.

8. Driveways for single-family residential uses shall not exceed a grade of 14 percent, except as otherwise approved by the City Engineer and Fire Department.

C. Parking for small-scale multiple family residential uses (2, 3, 4, or 5 family dwellings)

1. Construction of new attached or detached two, three, four, or five family dwellings shall be required to provide 2 parking spaces per dwelling unit, of which 1 parking space shall be covered. When the addition of new units to existing units is proposed to increase the residential density of the site, at least 1 covered parking space for each existing and proposed dwelling unit on the site shall be provided, in addition to the required uncovered parking.

2. For additions and/or alterations to existing two, three, four, or five family dwellings which do not result in increased density on the site, and for which there exists no covered parking spaces at the time the addition or alteration is proposed, provision of covered parking spaces shall not be required; except that any such addition or alteration shall not be located or configured on the lot so as to preclude the future construction of accessible, covered parking spaces for each unit on the lot.

3. Parking spaces provided pursuant to this section shall be located no further than 100 feet from the main entry of the dwelling unit they are intended to serve, except as otherwise approved by the reviewing authority to limit tree removal or grading.

4. Parking for recreational vehicles, boats, trailers, camper shells, off-road vehicles, personal watercraft and similar items is permitted within the side yards or rear yards of the dwelling units, provided that such items are stored on a paved surface and that screening is provided from adjacent rights-of-way. These items shall not be parked within the area of the lot considered to be the front yard (excluding the driveway) of any dwelling unit. No more than 2 of these items may be kept on the lot, except within a permitted, enclosed building.

5. Except as otherwise allowed by a home occupation permit issued pursuant to Section 17.03.270, parking or storage of commercial or business-related vehicles,

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Ordinance No. 2021-495
equipment, material and tools is not permitted; except that a business or commercial vehicle regularly used to transport a resident of one of the units to and from that person’s place of employment is exempt from this prohibition.

D. Parking for large-scale multiple family residential uses (6 or more dwelling units)

1. Multiple-family residential projects with 6 or more dwelling units (excluding manufactured home parks and manufactured home subdivisions; see Section

17.25.180) shall provide a minimum of 1 parking space for each studio or onebedroom unit; 2 spaces per each two or three bedroom unit; and 3 spaces for each unit with four or more bedrooms.

2. In addition to required parking for residents, each multiple family project shall provide a minimum of 2 guest parking spaces for each four units up to 12 units; 1 space for each four units for the 13th to the 48th unit; and 1 space for each additional 6 units above 48 units. These spaces shall be designed to be accessible to guests and visitors and shall not be allocated to individual units.

3. At least 50 percent of the total parking spaces on the site shall be covered.

4. A driveway apron of no less than 5 feet in length shall be provided between any garage and the adjacent private street or drive aisle of a multiple family residential project.

5. Parking spaces designated for each dwelling unit shall be located no farther than 100 feet from the unit they are intended to serve, except as otherwise approved by the reviewing authority to limit tree removal or grading. For housing projects where parking spaces are not designated for specific dwelling units, parking shall be located within 150 feet of all dwelling unit entrances.

6. Pedestrian walkways shall be designated and clearly delineated between parking areas and residences. The parking area shall be designed to minimize the need for pedestrians to cross parking aisles or landscaped areas in order to reach their destinations.

7. Parking for recreational vehicles, boats, trailers, camper shells, off-road vehicles, personal watercraft and similar items may be allowed as part of the site plan for the project, provided that a designated area is provided for such items with a paved surface and that screening is provided from adjacent properties and the interior of the site by use of a decorative 6-foot visual barrier. This area shall be used for storage by residents only.

E. Parking for other uses allowed in residential zones

1. Parking for non-residential uses permitted in residential zones, such as churches, schools and other primary uses listed in Table 17.25.010.A. shall be required as specified in Table 17.35.070.A. and other applicable regulations in Chapter 17.35.

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2. Parking for boarding and rooming houses shall be provided at a ratio of 1 space per guest room, plus 3 spaces. Parking spaces shall be located no more than 100 feet from building entrances.

3. The off-street parking requirement for a vacation rental is one parking space per bedroom. Parking shall be provided in a garage, legally established driveway, or other legally established parking space or spaces.

4. The parking requirement for any use not specifically listed shall be determined by the City Planner on the basis of the requirements for similar uses.

F. Design standards for parking areas
The following parking lot standards shall apply to all residential uses other than singlefamily residential:

1. Driveways providing access to garages, carports, and open parking spaces shall be a minimum of 12 feet in width for one-way traffic, and 24 feet for two-way traffic, except as otherwise approved by the City to minimize grading and/or tree removal.

In no case shall a two-way drive aisle be less than 20 feet in width.

2. Any driveway providing access for fire apparatus shall be a minimum of 20 feet, with a minimum turning radius of 40 feet.

3. Head-in or diagonal parking spaces shall be no less than 9 feet in width and 19 feet in length; parallel parking spaces shall have a minimum dimension of 10 feet by 24 feet. Minimum vertical clearance for parking spaces shall be 15 feet for uncovered spaces and 8 feet for covered spaces. No reduction in these dimensions shall be permitted.

4. The minimum drive aisle width for one-way aisle shall be provided as follows:

Parallel parking spaces 12 feet aisle width
30 degree spaces 16 feet
45 degrees 18 feet
60 degrees 20 feet
90 degrees 24 feet

5. Parking with access for disabled persons shall be provided in accordance with state law. Each parking space designated for use by the handicapped shall consist of a rectangular area not less than 14 feet wide by 19 feet long, and shall be located in an area not exceeding 2 percent slope. All spaces shall be located near or convenient to a level or ramped entrance, not exceeding a 5 percent slope, to the facility served by the parking space. Parking spaces for the handicapped shall be signed and restricted for use by the handicapped only.

6. Parking lots and driveways shall be constructed with 3 inches of asphalt paving over 4 inches of aggregate base, except as otherwise approved by the City Engineer

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Ordinance No. 2021-495
based upon the recommendations of an approved soils study provided by a qualified soils engineer. Alternate surface material may be considered if it is shown that such material will not cause adverse effects and that it will remain in a usable condition.

7. Parking areas shall be graded and provided with permanent storm drainage facilities. Surfacing, curbing, and drainage improvements shall be sufficient to preclude free flow of water onto adjacent properties or public streets and to preclude standing pools of water within the parking facility.

8. The maximum grade of parking lots shall not exceed 5 percent. The maximum grade of driveways serving parking lots shall not exceed 10 percent.

9. Each parking space shall be individually accessible, except that automobiles may be parked in tandem where the parking area is serving a single dwelling (including dwellings in multiple-family developments where each dwelling has its own driveway) and where the tandem parking is not more than 2 cars in depth. Both tandem spaces must be for the same dwelling and not more than one such space may be enclosed.

10. Parking lots shall be designed so that vehicles do not have to exit the site to get from one parking space to another. Design shall ensure that no vehicle must back into a public right of way to maneuver into or out of the site.

11. Parking lots shall be designed in consideration of existing trees on the site, in conformance with Chapter 17.10. Existing trees over 6 inches DBH shall be preserved to the extent practicable in the design of parking lots. Within lots having 6 or more parking spaces, trees shall be provided at a ratio of 1 tree per 6 parking spaces, which may include existing trees to be preserved on site or newly planted trees, provided that any such trees counted to meet this requirement must be located within 10 feet of the parking area.

12. For multiple family residential projects with private streets or driveways, visitor parking shall be provided in off-street visitor parking bays within 150 feet of all dwelling units. Visitor parking shall be clearly delineated through proper signage as approved by the Planning Division.

13. In parking lots where headlights from vehicles will shine into adjacent residential units, screening of headlight glare shall be provided which may include but not be limited to screen walls, berms, landscape planting, or a combination thereof.

14. For parking lots with 6 or more spaces, at least 5 percent of the parking area shall be landscaped. The parking area shall be computed by adding the areas used for access drives, aisles, stalls, maneuvering and landscaping within that portion of the premises that is devoted to vehicular parking and circulation. Any planter area containing trees shall be no less than 5 feet in width, excluding paving.

15. Where the side of a parking space abuts a landscaped planter, a minimum 12-inch wide paved landing strip shall be provided adjacent to the parking space to accommodate passengers exiting the vehicle. Where the front of a parking space

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Ordinance No. 2021-495
abuts a walkway, the walkway shall be a minimum of 6 feet in width to allow for vehicle overhang.

16. Parking lots shall be designed to accommodate snow plowing and snow storage.

An area for snow storage shall be designated on the site plan, which shall be adequate to accommodate snow on the site without diminishing the number of parking spaces available. Snow storage area may be combined with required landscape area, provided that plant materials will not be damaged by plowing operations. No wheel stops or raised curbs shall be permitted within parking areas.

17. All parking areas shall be maintained in good condition at all times, free from potholes and excessive cracking, with pavement striping clearly visible.

18. In the event practical difficulties and hardships result from the strict enforcement of the parking standards due to existing permanent buildings or an irregularly shaped parcel, the City Planner may grant a minor deviation to the standards with respect to allowance of limited off-site parking, maximum of 15 percent reduction to on-site parking spaces, or minor reconfiguration of existing parking to comply with accessibility requirements, pursuant to Section 17.03.180 of the Development Code. All other requests to deviate from residential parking standards must be approved through the Variance procedure pursuant to said section.

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Ordinance No. 2021-495

ORDINANCE ATTACHMENT B
CHAPTER 4.01
Municipal Code Title 4, Section 1, is amended to read in its entirety as follows:

Title 4 Visitor-serving uses and tourism
Chapter 4.01 Vacation Rentals
Section 4.01.010. Purpose
This chapter is intended to provide a procedure to allow the rental of private homes to visitors on a short-term basis as vacation rentals. The city seeks to promote vacation rentals, promote responsible visitor behavior, and protect the residential character of its neighborhoods.

Section 4.01.020. Definitions
For purposes of this chapter, the following words and phrases are defined as follows:

A. “Agent” means a person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner
B. “Bedroom” means a room designed primarily for sleeping that meets the definition of the California Building Codes currently adopted by the city.

C. “Check in” means the arrival of a guest at a vacation-rental property or agent’s office.

D. “Home-sharing” or “home-sharing property” means the rental of no more than two bedrooms in a detached single-family unit for a term of 28 or fewer consecutive days while the owner of the unit is present and living in the unit.

E. “Hosting platform” means a person or entity who participates in home-sharing or vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet based services that facilitate bookings for a fee.

F. “Owner” means a person or entity, who holds record fee title to the property, except that “owner” does not include the holder of a leasehold interest in the property.

G. “Responsible party” means the lessee of a vacation-rental property.

H. “Vacation rental” or “vacation-rental property” means either (1) a residential dwelling unit that is leased for a term of 28 or fewer consecutive days or (2) a home-

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Ordinance No. 2021-495
sharing property.

Section 4.01.030. License Required
A current, valid annual license issued by the city to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a vacation-rental property. The license shall be posted inside of the vacation-rental property.

Section 4.01.040. Licensing Procedure
A. An owner shall apply to the city for a license annually for each vacation-rental property and pay a fee established by resolution of the city council. The city shall provide an application form and list of application and insurance requirements B. An owner may not hold more than two licenses, except that an owner holding more than two licenses as of September 16, 2021, may renew those licenses unless they have been revoked or not renewed within 30-days of expiration.

Section 4.01.050. Transient Occupancy Tax
A. Except as provided in Paragraph B below, the owner is responsible for collecting and remitting transient occupancy tax and tourism business improvement district assessments to the city and shall comply with all provisions of Chapter 3.20 of this code concerning transient occupancy taxes.

C. Owners shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf.

D. Licensees making two or more late submittals in a 12-month period shall not have their license renewed upon expiration.

Section 4.01.060. Operational Requirements
A. The owner and owner’s agent shall ensure that the vacation-rental property complies with all applicable codes regarding fire, building and safety, health and safety, zoning, lighting, and all other laws and regulations.

B. All guest check-ins must be performed in person by the owner or the owner’s agent.

The responsible party must be present in person at the check-in. The responsible party must sign a copy of the City’s Good Neighbor Policy prior to or during check-

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Ordinance No. 2021-495
in. A copy of the signed policy shall be provided to the city by the owner or owner’s agent upon request. An owner or agent may provide an electronic process for guests to sign and acknowledge the City’s Good Neighbor Policy at check-in.

C. Occupancy of the vacation-rental property shall always be limited to the limit stated on the license. Such occupancy shall not exceed two adults per bedroom, plus two additional adults, not including persons under 18 years of age; but the total number of persons, including persons under 18 years of age, may not exceed one person per 200 square feet of living space or 16 persons, whichever is less. Properties without all the parking spaces that are required by Section 17.25.070 are limited to two adults per parking space provided.

D. No party, wedding, or other gathering exceeding occupancy limits is permitted without prior written approval by the city manager or the city manager’s designee at least 30 days in advance. City approval is discretionary and may be subject to reasonable conditions.

H. Outdoor activity that disturbs the peace and the use of an outdoor spa are prohibited between the hours of 10:00 p.m. and 7:00 a.m.

I. Each vacation-rental property shall be equipped with no more than one informational sign as described in the registration materials.

J. Trash may not be stored at a vacant vacation-rental property at any time.

K. Incessant barking from dogs heard beyond the property line is prohibited.

L. The owner shall include notice to lessee of the requirements of this section in all leases and post a visible notice at the entrance to the vacation-rental property.

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Ordinance No. 2021-495
Section 4.01.070. Agency and Certification
An owner may grant authority to an agent to act on behalf of the owner for purposes of fulfilling some or all the requirements of this chapter. The owner shall give prior written notice to the city of any grant of authority to a notice, including the identity and contact information for the agent. The owner shall promptly give the city written notice of any change to any such grant of authority of making such change. The use of an agent shall not excuse the owner from the owner’s obligations of this chapter. Agents and owners fulfilling any of the requirements of this chapter shall be annually certified by the city.

Section 4.01.080. Inspection and Audit.

Each owner and owner’s agent shall provide the city with access to the vacationrental property and to such related records, documents, tax returns, and bank accounts at any time during normal business hours as the city may determine are necessary for the purpose of inspection or audit to determine that the objectives and conditions of this chapter are being fulfilled.

Section 4.01.090. Hosting Platform Responsibilities.

B. A hosting platform shall promptly remove any listing upon receipt of a take-down notice from the city indicating that a listing violates applicable legal requirements.

D. A hosting platform shall require all hosts to include a valid license number in a designated field dedicated to the license number no later than January 1, 2022.

Section 4.01.100. Violations and Penalties
A. The city may issue an administrative citation to any person who operates a vacationrental property without a license. The administrative fine for the first citation shall be in the amount of $5,000.00. Any person operating an unlicensed vacation-rental property shall be permanently ineligible to operate a vacation-rental property in the city, and any property that is operated as a vacation property without the required license shall be ineligible for vacation-rental property license for a period of one year from the most recent citation issued for operating without a license. If the person continues to operate a vacation-rental property without a license, the city may issue an additional administrative citation, with an administrative fine in the amount of $10,000.00. Any additional violation shall be subject to additional citations with escalating fines provided in a schedule established by the city council

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Ordinance No. 2021-495
by resolution. A person operating an unlicensed vacation-rental property is liable to the city for the payment of transient occupancy tax in accordance with the provisions of Chapter 3.20 of this code, including without limitation penalties and interest.

B. For any violation of this chapter that is not subject to subsection A above and D below, the city may impose an administrative fine for the first violation in the amount of $500.00. The fine for each subsequent violation shall be $1,000.00.

C. Each administrative citation for a violation of any provision of this chapter may be levied or assessed against one or more of: the owner, the owner’s agent, a hosting platform, and the responsible party. The city may initiate revocation of a license after one violation. Each day that a violation occurs is a separate violation, for which the city may issue a separate administrative citation and fine.

D. Any person who advertises a vacation-rental property with false occupancy information, offering self-check-in, or without including a valid license number for the property in the advertisement shall pay a fine in the amount of $2,500.00, and the owner’s license may be revoked. The owner’s license shall be revoked for a second offense, if not revoked already.

E. The failure of an owner or the owner’s agent to comply with an order of any police officer shall result in the revocation of the license.

F. The appeal and hearing provisions of Section 1.17.070 of this code apply to any revocation or suspension of a license. In lieu of revocation or suspension of a license, the City Manager, at his or her discretion, may place additional operating conditions on a vacation-rental property.

G. In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the city from pursuing any other remedy, whether criminal, civil, or administrative, through which the city may enforce this chapter or address any violation of this code or to remedy any other public nuisance.

H. Owners and agents must accept all city vacation-rental-related correspondence, including, but not limited to, notices of violation, administrative citations, registration materials, notices of regulatory changes, and transient occupancy tax notices via email delivery. It is the responsibility of the owner and agent to ensure that the email address provided on the license application is active and monitored regularly.

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Ordinance No. 2021-495

ORDINANCE ATTACHMENT C

VACATION RENTAL ELIGIBILITY TABLE
Zoning District Improvements on Property Vacation Rental Eligibility R-L & R-1 Zones 1 Single-Family Unit Eligible
1 Single-Family Unit & Detached
Guest House (no kitchen)
Eligible, as one unit
combined. Must rent the
entire property to same
party. No kitchen allowed in
Guest House.
1 Single-Family Unit & ADU** Not eligible
1+ Detached Single-Family Units Only 1 unit is eligible 1+ Attached Single-Family Units Only 1 unit is eligible R-3 Zone 1 Single-Family Unit Eligible
1 Single-Family Unit & Detached
Guest House (no kitchen)
Eligible, as one unit
combined. Must rent the
entire property to same
party. No kitchen allowed in
Guest House.
1 Single Family Unit & ADU** Not eligible
1+ Detached Single-Family Units Only 1 unit is eligible 2-4 Attached Single-Family Units All are eligible
>4 Attached Single-Family Units
Under Single Ownership
(Apartments)
None are eligible
>4 Attached Single-Family Units
Under Multiple Ownership
(Condominiums)
All are eligible
Commercial Zones
(including Village
Commercial)
1 Single-Family Unit Village Commercial = Eligible.

Commercial Zones = Not
eligible.

ATTACHMENT 3
Click here to view the entire
September 7, 2023 Meeting Packet
Item 4.1
Attachment 3
OVERVIEW............................................................1 GOOD NEIGHBOR POLICIES ...........................2-3
WINTER SERVICES ......................................... 4-5 WILDFIRE PREVENTION, BEARS & WILDLIFE .....6
CARE FOR BIG BEAR ........................................... 7 Good Neighbor
Guide
We are excited to share our
beautiful 4 season community
with you. While visiting Big Bear
Lake and the surrounding Valley,
we ask that you respect and care
for the mountain and its residents.

This guide provides resources
to achieve that, be it snow, fire
safety, vacation rentals or wildlife.

For a more harmonious relationship with Big Bear Lake
and the Valley, the City of Big Bear Lake asks to please review & follow these guidelines. We appreciate you.

DRAFT
City of Big Bear Lake | (909) 866-5831 | www.citybigbearlake.com Welcome to Big Bear Lake
1 Item 4.1
Attachment 4
Welcome to the City of Big
Bear Lake!
Southern California’s Premier
4-Season Resort Community
Thank you for choosing to
vacation in Big Bear Lake.

We are pleased to welcome
over 1.2 million visitors per year
to our beautiful community.

Whether you are here to enjoy
the abundant natural features
and amenities found in our
surrounding forest or looking for
some rest and relaxation in our
quiet and tranquil residential
neighborhoods, we trust your
experience will be world-class.

While enjoying your time in our
mountain community, we’d like
to remind you of some important
community expectations for
guests staying in our residential
neighborhoods. We also want to
provide some tips that will make
your stay more enjoyable and
help you vacation like a local.

The last thing we want is for your
visit to be interrupted by one of
our Neighborhood Preservation
Officer. We think you and your
family & friends can have an
amazing vacation while still being
respectful and considerate to the
neighbors around you.

Expectations for guest
behavior
Sound carries differently at higher
elevations (thinner air) and in
varying topography than it does
on flat land at sea level. Sound in
the mountains can carry for miles
(listen for the coyotes at night).

A normal private conversation
between two people on a deck
may be clearly heard from many
houses away. Amplified music
can me heard a mile or more
away from the stereo speaker.

For these reasons, we have strict
rules about amplified music
and outdoor activities at night.

Please help us maintain our quiet
neighbor- hoods and enjoy the
amazing stillness and tranquility
that the forest provides.
“A private conversation between
two people on a deck may be
heard clearly from many houses
away.”
Be a Good Neighbor
A big part of Big Bear Lake’s
charm is the friendly and helpful
residents. If you are fortunate
enough to be staying at a home
near a full-time resident and
see them on their deck or in their
yard, introduce yourself! Many
of our residents enjoy meeting
visitors and providing tips on
activities and restaurants.

Good Neighbor
Policies
Please Be a Good Neighbor
2 Signature of Guest
(ID to be verified by Check-in Agent)
Print Name:

Address:

City, State, Zip:

Signature:

Date:

Visit
careforbigbear.com
for more information.

DRAFT
City of Big Bear Lake | (909) 866-5831 | www.citybigbearlake.com Back to Table of Contents
Visit Like a Local
If you extend your visit beyond the
weekend, you will see the large
amounts of litter and trash left
behind by the weekend visitors.

Here are some tips to help you
and your family preserve our
natural playground for the next
generation.

1. Leave no trace
Simply put, whatever you take
into the forest, bring back out –
including broken sleds.

2. Don’t litter
There are dumpsters located at
all trailheads and picnic areas. If
a bin is full, find another. Animals
will tear bags open and spread
trash throughout the forest.

3. Pick up after your pet
Please bag your pet’s waste and
take it to a dumpster. Leaving
your pet’s waste in a bag on the
side of a trail is littering.

4. Keep the peace
If you are going to listen to music
while hiking or enjoying the lake,
use headphones instead of a
Bluetooth speaker.

Rules to Vacation By
Do not exceed the
occupancy limit
Do not exceed the stated
occupancy at any time during
your stay. NO PARTIES ALLOWED.

No parking in street or yard
Parking is only permitted in the
driveway, designated parking
spaces, and garage. This includes
trailers. The maximum number
of vehicles permitted is on the
exterior sign.

No amplified music 24/7
Amplified music is not permitted
to be heard beyond the property
line 24/7. Close your windows to
avoid music carrying beyond the
property line.

Head inside at 10:00 p.m.

Noisy outdoor activities & spa use
are prohibited from 10:00 p.m. –
7:00 a.m.

Take your furry friend with
you Take your dog with you so
they do not disturb surrounding
neighbors. You will find that Big
Bear Lake is very dog-friendly!
Take Trash to Clean Bear Sites
All trash needs to be taken to one of
the City’s local trash sites (visitors
will be asked to show proof of
eligibility such as a rental contract).

Or trash must be placed in Big Bear
Disposal issued trash receptacles
located on the property. Do not
store trash outside.

Clean Bear trash locations:

Consequences
Unfortunately, a few of our
guests refuse to extend common
courtesy and neighborly behavior
toward the guests and residents
around them. For those guests
who have come to party and
disrupt the peace and tranquility
of the neighborhoods, there are
costly and severe consequences.

Fines
The minimum fine for violating
the rules stated previously is $500
per violation. A second offense is
$1000, and third is $1500.

Eviction Unruly guests who
blatantly disregard the rules
& expectations will be
evicted without a refund.

In addition, costly
citations may be issued
to the undersigned.

Good Neighbor
Policies
Please Be a Good Neighbor
3 Community
expectations for
guests staying
in our residential
neighborhoods
39690 Big Bear
Blvd
41970 Garstin DRAFTDrive
Back to Table of Contents
City of Big Bear Lake | (909) 866-5831 | www.citybigbearlake.com Snow Plowing
Before arriving at your destination,
please ensure adequate snow
removal has occurred. The
City plows the City streets, but
does not remove snow from
driveways. Public Works crews
begin plowing public streets when
approximately three inches (3”) of
snow accumulates, and continue
plowing throughout each winter
storm. Our goal is to meet three
(3) basic community safety and
welfare needs:
• Maintain access to/for
emergency services (Fire, EMS,
Law Enforcement)
• Provide reasonably safe driving
conditions throughout the winter
months
• Maintain access to businesses
and services
Every City of Big Bear Lake
maintained public street is
eventually plowed during heavy
snowfall, and we ask that you
please be patient during snow
removal operations. Our crews
work as quickly as they can during
inclement weather.

Typically, maintained public
streets are plowed in the early
morning hours, creating a snow
berm at the street edge and
across driveways each time
a street is plowed. In order to
avoid duplication of effort, we
recommend delaying driveway
shoveling until snow plows have
passed, and significant additional
snow accumulation is not
anticipated. When driveways are
shoveled, please deposit snow on
the right driveway edge (facing
the street). Snow removal on SR
18 (Big Bear Blvd.) is performed
by Caltrans, current highway
conditions for SR 18, 330, and 38
can be found at:

Trash Receptacles
To reduce the likelihood of
damage, place trash receptacles
on private property, a safe
distance behind the snow berm,
for collection. Receptacles placed
close to the street edge may be
tipped over or damaged during
snow plow operations.

Winter Driving Tips
Winter weather is unpredictable.

Expect the worst conditions
and be prepared by keeping an
emergency kit with ice scraper,
shovel, and winter clothing in your
vehicle.

Carry chains during the winter
months and check local road
conditions before traveling. Chains
should be in good working order,
and the correct size for your tires.

Chains must be installed on drive
wheels, so you need to know if your
vehicle has front or rear wheel drive.

Allow enough time to get to
your destination. Traveling in
the mountains can take longer
during winter, especially in snow
conditions or when the roads are
icy. Slow down during inclement
weather, and buckle up for safety.

Remember to never stop in the
road. If driving conditions are
unsafe or visibility is too low to
drive, pull off the travel way when it
is safe to do so.

Snow Play in Designated Areas
Snow play is permitted on public
property including the
National Forest, city
Winter Services

KEEP THIS GUIDE

HANDY DURING THE

SNOW SEASON
DRAFT
Back to Table of Contents
Please Be Prepared
4 City of Big Bear Lake | (909) 866-5831 | www.citybigbearlake.com parks, and picnic areas.

Being a good neighbor is
also about not stopping for
snow play on the roadway
or in front of private homes.

Park in designated parking
lots, and don’t park on any
City streets. There are many
opportunities to safely enjoy
the snow, please visit the
Visit Big Bear website here for
more information and a list of
locations to enjoy.

Regulation, Fines &
Citations-No Parking
on City StreetsBetween
October 15th and April 15th
When snow conditions exist
per City Ordinance No. 2023-
517. Although we make every
effort to avoid towing, vehicles
parked in violation will be
towed away and the vehicle
owner will be subject to a fine
up to $500. All fines, towing,
and impoundment charges
are the vehicle owner’s
responsibility. Snow removed
from private driveways or
parking lots may not be
dumped, deposited or placed
or pushed into a city street,
sidewalk, or other public rightof-way.
24-HOUR SNOW

REMOVAL HOTLINE
(909) 752-2830

SNOW REMOVAL AND BERM

REDUCTION ISSUES
(909) 866-7521

CITY CODE COMPLIANCE HOTLINE
(24 HOUR) (909)-866-2633
EMERGENCIES 911
SHERIFF’S DEPT. (NON-EMERGENCY)
(909) 866-0100

BIG BEAR FIRE DEPARTMENT
(NON-EMERGENCY) (909) 866-7566

BEAR VALLEY ELECTRIC SERVICE
(909) 866-4678

BEAR VALLEY COMMUNITY HOSPITAL
(909) 866-6501
BIG BEAR LAKE PUBLIC WORKS DEPT.
(909) 866-7521

SOUTHWEST GAS
(877) 860-6020

DEPARTMENT OF WATER & POWER
(909) 866-5050
CALTRANS Road Conditions
1-(800) 427-ROAD (7623)

1. Travel Wisely
Choose environmentally-friendly
modes of transportation whenever
possible. Walk, bike, use public
transportation, or carpool with other
mountain-lovers to reach your
destination.

2. Support Sustainable
Practices
Support businesses and outfitters
with a commitment to protecting the
environment.

3. Be Respectful
Remember to be aware of the
impact your tourism has on the local
community. Treat the area as though
it were your own backyard!

4. Leave No Trace
If you pack it in, remember to pack
it out. Pick up trash left behind by
others whenever possible and leave
the mountains better than you found
them.

5. Reduce, Reuse, Recycle
& Upcycle
Make conscious buying decisions,
frequent second-hand retailers,
and share gear and resources to
reduce the footprint of your outdoor
adventures.

6. Spread the Word
Tell the world about your
commitment to the
6 ways and let the
movement grow!
Winter Services
DRAFT
Please be Prepared and Responsible
5 City of Big Bear Lake | (909) 866-5831 | www.citybigbearlake.com Back to Table of Contents
Wildfire Prevention
Wildfire Prevention
Firepit, BBQ & Outdoor Fireplaces
For San Bernardino National Forest areas, there are increased fire restrictions.

See the Current Fire Restrictions and Related Prohibitions for information on any fires, stoves, and BBQ in Forest/Campground areas.

Residential and Business Firepit and BBQ Info
Open fire pit permits are not permissible at short term rental properties. Gas/Propane, Charcoal, & Wood Pellet Barbeques are permissible on Residential Properties with proper briquette disposal. Learn More Here.

Big Bear is home to many wildlife species
and we share our wilderness with them.

During your stay in Big Bear or out on the trails, you may spot critters like squirrels, chipmunks, and rabbits who pose little to no threat and are quick to scamper off at the sight of us humans.

Rarely, you may spot larger wildlife like bears, mountain lions, and rattlesnakes who are equally averse to humans but can pose a real danger if threatened or afraid.

Remember these rules when enjoying wilderness areas: Do Not Feed Wild Animals, Do Not Approach Wild Animals, Do Not Leave Children and Pets Unattended, Do Not Hike/Bike/Camp Alone, Be Aware Of Your Surroundings At All Times, Know Where You’re Hiking/ Camping and Let Others Know Where You Are
Spend some time learning about safe protocols when encountering wildlife in the forest!
Big Bear Fire Department
Headquarters
(909) 866-7566
Website Here
Current Fire Restrictions
and Related Prohibitions
Visit the Forest Service for details Here.

EMERGENCIES 911
Stay Informed at
www.bigbearfire.org
Please learn the
rules when enjoying
wilderness areas
and visit:

DRAFT Bears & Wildlife
Please Be Careful
6 City of Big Bear Lake | (909) 866-5831 | www.citybigbearlake.com Back to Table of Contents
Big Bear has about 12,000 full-time residents
throughout the valley. On average, 3,000,000 guests
visit our destination each year. Your vacation puts
food on our tables and a roof over our heads, there’s
virtually no business in Big Bear Lake that isn’t
impacted by tourism spending. For that, we thank
you for your trip to our slice of paradise!
While you’re here, please help us Care For Big Bear
by following our Best Practices and Principals and
considering one of the many ways you can volunteer
or donate to Preserve Our Natural Playground.

Visit the Care for Big Bear Website
www.bigbear.com/care-for-big-bear
Visit
www.bigbear.com/
care-for-big-bear/
Visit the Care for
Big Bear Website
www.bigbear.com/care-for-big-bear
follow us on social
For More Information,
go to Visit Big Bear:
(909) 866-7000
Please Be Thoughtful
7 City of Big Bear Lake | (909) 866-5831 | www.citybigbearlake.com Back to Table of Contents
DRAFT

CITY OF BIG BEAR LAKE
December 13, 2023
City Council Meeting
Monthly & Miscellaneous
Reports
Neighborhood Preservation Division
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 Ext. 153 • http://www.citybigbearlake.com/VacationRental November 2023 Vacation Rental Compliance Report Summary November 2023 Summary Number/$
City Initiated Service Calls 0
Resident Initiated Service Calls 35
Total Amount of Service Calls 35
Total Citations Issued 3
Total Citation Fines & Penalties $2,000
November 2023 Summary of Service Calls Number % Of Total Vacation Rental Noise/Party 11 31%
Vacation Rental parking too many cars 4 11%
Vacation Rental Trash Stored on Property/Trash Left Out 4 11% Vacation Rental Spa after 10pm 3 9%
Vacation Rental Incessant Barking Dog 3 9%
Vacation Rental - Miscellaneous Issues 3 9%
Vacation Rental without a License 2 5%
Vacation Rental Parking on Street or Yard 1 3%
Vacation Rental No In-Person Check-In 1 3%
Vacation Rental Over Occupancy 1 3%
Vacation Rental Lighting 1 3%
Vacation Rental Fire Burning in Backyard 1 3%
Vacation Rental Non-compliance Zoning/Building/Fire Codes 0 0% Vacation Rental Advertising without a License 0 0%
Vacation Rental Large Gathering 0 0%
Vacation Rental Agent Failure to Respond 0 0%
Vacation Rental No Exterior Sign 0 0%
Vacation Rental Delinquent TOT 0 0%
Total Amount of Service Calls 35 100%
November 2023 Citation Recipients Number % Of Total
Guest 3 100%
Owner 0 0%
Agent 0 0%
Total Citations 3 100%
Neighborhood Preservation Division
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 Ext. 153 • www.citybigbearlake.com/VacationRenatal November 2023 Disposition of Service Calls Number % Of Total Issued Verbal Warning 13 37%
No Violation Observed by Officer 8 23%
No issue/Out of Jurisdiction 5 14%
Issued Written Warning 4 11%
Issued Citation 3 9%
Referred to outside agency (see notes) 2 6%
Total Vacation Rental Service Calls 35 100%
31%
11%
11%
9%
9%
9%
5%
3%
3%
3%
3% 3%
Percentage of Service Calls
Vacation Rental Noise/Party
Vacation Rental parking too many
cars
Vacation Rental Trash Stored on
Property/Trash Left Out
Vacation Rental Spa after 10pm
Vacation Rental Incessant Barking
Dog
Vacation Rental - Miscellaneous
Issues
Vacation Rental without a License
Vacation Rental Parking on Street
or Yard
Vacation Rental No In-Person
Check-In
Vacation Rental Over Occupancy
Vacation Rental Lighting
Vacation Rental Fire Burning in
Backyard
Percentage of Service Calls
Neighborhood Preservation Division
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 Ext. 153 • http://www.citybigbearlake.com/VacationRental 37%
23%
14% 11% 9% 6%
Issued Verbal
Warning
No Violation
Observed by
Officer
No issue/Out of
Jurisdiction
Issued Written
Warning
Issued Citation Referred to
outside agency
Disposition of Service Calls
35 3
RESIDENT INITIATED SERVICE CALLS CITATIONS ISSUED CITY INITIATED SERVICE CALLS 0 Call Summary
Visit Big Bear Monthly Report
Summary of Visit Big Bear Board (VBB) Meeting November 16th, 2023

1. Monique Rangel, VBB Chief Marketing Officer, presented - - an update on the Winter Marketing Campaign
- a PR Report on media activity
- a report on Marketing to Mexico via Televesia through a partnership with Brand USA

2. Michael Perry gave an update on a potential 2024 partnership with Redrock Entertainment for a 3 Concert Series at Bear Mtn Ski Resort.

3. The VBB Board approved Future Board Meeting Dates - Dec 7 Committees and Dec 14 Board Meeting.

4. The VBB Board announced that the new VBB CEO, Travis Scott, will start on Dec 4th.

For more information on Visit Big Bear Public Meetings, please visit the following website:
https://www.bigbear.com/about/about-visit-big-bear/public-meetings/ For more information on Visit Big Bear, please visit the following website:
https://www.bigbear.com/
Department of Water, City of Big Bear Lake
41972 Garstin Drive, P.O. Box 1929 · Big Bear Lake, CA 92315-1929 · Phone 909/866-5050 · Fax 909/866-3184 · www.BBLDWP.com This institution is an equal opportunity provider and employer.

DEPARTMENT OF WATER

Service, Quality, Community
DATE: November 28, 2023
TO: Erik Sund, City Manager
FROM: Reginald A. Lamson, DWP General Manager
RE: DWP Monthly Update – October 2023

SERVICE DELIVERY
Water services that were provided October 1, 2023 to October 31, 2023:
15,974 Customers provided with water service.
982 Field service calls completed.
0 Main leak repaired.
6 Main leaks year-to-date 2023 14 Main leaks year-to-date 2022 5 Service leak repairs
64 Service leaks year-to-date 2023 50 Service leaks year-to-date 2022

47.88 Million gallons produced by wells.
$903,927 Processed in billings.
7,763 Accounts processed in billings.
3,175 Number of customers on E-bill
90 New Accounts (includes tenant turnover).

3.375 Equivalent Dwelling Units (EDU) added to the water system. $978,316 Total Gross receipts processed.

BOARD MEETINGS:

The following was approved by the Board of Water and Power Commissioners at a Regular Board Meeting on October 24, 2023:
• The Board adopted Resolution No. DWP 2023-15 approving the continuance of the Outdoor Water Efficiency Rebate program for an additional 3 years.
• The Board ratified Change Order Nos. 2 & 3 to the South West Pump & Drilling Contract for the Division Well No 9 Drilling Project in the amount of $9,781.42.
• The Board adopted Resolution No. DWP 2023-16 to receive and file the DWP Development Impact Fee Annual Report 2023.
• The Board ratified Change Order No. 2 to the Apple Valley Construction Contract for the Wolf Pipeline Replacement Project in the amount of $49,284.61.
• The Board authorized staff to file with the San Bernardino County, a Notice of Completion for the Wolf Pipeline Replacement Project naming DDH Apple Valley Construction, Inc. as the Contractor.

City Manager’s Report
November 28, 2023

Page 2 of 2 ends

• The Board ratified Change Order No. 2 to the Borden Excavating, Inc. Contract for the 2022 Pipeline Replacement Project in the amount of $49,341.97.
• The Board authorized staff to file with the San Bernardino County, a Notice of Completion for the 2022 Pipeline Replacement Project naming Borden Excavating, Inc.. as the Contractor. • The Board ratified Change Order No. 2 to the Borden Excavating, Inc. Contract for the 2023 Pipeline Replacement Project in the amount of $65,244.28.

The following was approved by the Board of Water and Power Commissioners at a Special Board Meeting on October 30, 2023:
• The Board ratified Change Order No. 4 to the South West Pump & Drilling Contract for the Division Well No 9 Drilling Project in the amount of $271,099.55.
• The Board reduced the retention for the Borden Contract for the 2023 Pipeline Replacement Project to $22,000.

AGENDA REPORT

Service, Quality, Community
DATE: November 28, 2023
TO: Board of Commissioners
FROM: Reginald A. Lamson, General Manager
RE: General Manager’s Report
Capital Projects
Garstin Water Operations Facilities:

During the June 9, 2023 Special Board Meeting, the Board awarded an agreement to PBK for design and construction management services for the Garstin Water Operations Facilities. PBK, WSC, Tom Dodson and Associates, and Motive Energy are finalizing the engineering report and the environmental document needed for the USDA loan application. A Draft of the application was sent to USDA on July 19, 2023 for initial review. On August 9, 2023, WSC, Tom Dodson, and Staff met with USDA to discuss the loan application status and USDA provided additional information to help facilitate the federal environmental process. The environmental field visits are complete and most of those reports have been submitted to Tom to include the CEQA / NEPA documentation.

USDA has experienced some staffing changes, and we are working with the new people to try and minimize the impact to the schedule. On October 17, 2023, WSC, DWP, and USDA conducted a Teams meeting to meet the new USDA personnel and receive comments to the draft Preliminary Engineering Report. USDA was also interested in possibly funding the solar component, what storm damage occurred during the 2022/23 winter storms, and grant funding to help maintain current capital spending levels. The USDA Engineer has requested additional information to assist USDA in determining the size of the loan/grant, up to $12M. I have a conference call scheduled with USDA on November 27, 2023.

On July 17, 2023, PBK submitted a preliminary Site Plan and Operations Building Floor Plan for staff review. On August 4, 2023, staff reviewed the Operations Building Floor Plan and made some revisions to facilitate better workflow. The revised Floor Plan resulted in a revised Site Plan. PBK revised the Floor Plan and Site Plan and met with staff on September 20, 2023. On October 12, 2023, Staff met with PBK to review the final draft of the Floor Plan and Site Layout. Due to grading issues and utility conflicts, the Single Story, 220’ X 60’ option was determined to be not financially feasible.

On November 15, 2023, Staff met to review five different, single-story and two-story options.

Staff ultimately combined some of the options and came up with a single-story option that will work well with existing site conditions. PBK will incorporate Staff’s comments and prepare General Manager’s Report
November 28, 2023

Page 2 of 4 ends

Floor Plans, Site Plans, and Elevations to present to the Board at the December 19, 2023 Board meeting. We will also discuss the details of possible LEEDS certification for this project.

Staff will advise Bear Mountain staff that relocating the snowmaking pipeline is no longer required. Bear Mountain is targeting the Spring of 2024 to line their pipeline. Staff continue to coordinate with the City regarding permitting and possible drainage modifications near the existing customer parking area. Staff continue to coordinate with BVES on revising the electric/solar service for the Garstin, Lake Plant No. 5 & 6 sites. Staff will be working with SWG to determine the location of their facilities (standard and high-pressure gas lines) within the existing easements on the east side of DWP’s property.

Replenish Big Bear :

The Replenish team submitted a work plan to evaluate existing domestic wells within 200 feet of the high-water level and determine if the Project will impact their water quality. Approximately eighty (80) private wells have been located. Of these 80 wells, only 41 of them are within 200 feet of the lakes high water level. Most of these wells are drilled within alluvium and will not be impacted by the Project. Tom Harder will have a report on which wells, if any, will be impacted by the Project. The 100% RO treatment also reduces or eliminates the blending requirement for percolating reclaimed/lake water into Sand Canyon. The meeting with DDW has greatly enhanced the feasibility of the project and the Replenish Team is preparing a detailed percolation plan for DDW’s consideration.

WSC was authorized to finalize the permit application to the Regional Board and submitted the Report of Waste Discharge package on February 28, 2022. The Regional Board provided informal comments and requested additional information during the month of May 2022. WSC provided additional information on June 1, 2022. Regional Board provided comments on August 26, 2022. On September 15, 2022, BBARWA sent a letter to the Regional Board requesting clarification regarding Surface Water Augmentation regulations. The Replenish team submitted the additional information requested within the August 26, 2022 Regional Board Letter on October 14, 2022.

On August 25, 2021, BBARWA approved a MOU for agencies that may benefit from Replenish Big Bear Project. The MOU has been distributed to other valley agencies for consideration. CSD approved the MOU on September 20, 2021, DWP approved the MOU on September 28, 2021, and the City of Big Bear Lake City Council approved the MOU on November 1, 2021. The Replenish Big Bear Team met with County Supervisor representatives and gave them a draft of the MOU for their consideration. The County approved the MOU in July 2022. The Replenish Team is working with each agency to determine how and how much they can contribute towards the project. Each agency will pay their “Fair Share” of the O&M costs and possibly capital costs, which will reduce the project costs for the general public. DWP’s proposed annual cost for percolation within Sand Canyon was presented to and approved by the Board on September 27, 2022. Additional cost-sharing meetings have been conducted.

Environmental Scoping Meetings and the Public comment period have been completed. A project Piloting schedule is provided with the project charts. Grant Funding opportunities are discussed below. Follow-up meetings to respond to some of the comments submitted during the Environmental Comment period were conducted with Mojave Water Agency and East Valley General Manager’s Report
November 28, 2023

Page 3 of 4 ends

Big Bear Lake City CouncilDecember 13, 2023

Big Bear Lake City Council
December 13, 2023