CITY OF BIG BEAR CITY OF
**- BIG BEAR LAKE California
HGORPORATED AND
Regular Meeting Minutes - December 13, 2023
A Regular Meeting of the City Council, Fire Protection and Successor Agency of the City of Big Bear Lake was called to order by Mayor Randall Putz at 4:31 p.m., Wednesday, December 13, 2023, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Herrick
Councilmembers Present: Mayor Randall Putz
Mayor Pro Tem Perri Melnick
Councilmember Rick Herrick
Councilmember Bynette Mote
Councilmember Kendi Segovia
Others Present: Erik Sund, City Manager
Stephen P. Deitsch, City Attorney
Erica Stephenson, City Clerk
CLOSED SESSION PUBLIC COMMUNICATIONS
Daniel Gulbranson. Big Bear Lake resident, expressed his frustration with the City Council Agenda wording adding that there needs to be more clarity, suggested including property addresses instead of just APN numbers to reduce public confusion.
At the hour of 4:36 p.m., City Council recessed into Closed Session.
At the hour of 5:04 p.m., Mayor Putz resumed Open Session.
RESULTS OF CLOSED SESSION
City Attorney Stephen P. Deitsch, announced that the City Council discussed the following items in Closed Session and no reportable action was taken by the City Council.
1. CONFERNCE 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 Government Code Section 54956.8
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
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December 13, 2023
3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION pursuant to Government Code Section 54956.9(d)(2)
One (1) Case
PRESENTATIONS
Presentation by Assemblymember Tom Lackey, California State Assembly District 34.
Presentation from Evan Rayner, Bear Valley Community Healthcare Chief Executive Officer regarding the hospital's recent acquisition of dialysis machines. • Visit Big Bear President Loren Hafen introduced Visit Big Bear's new Chief Executive Officer Travis Scott.
• Mayor Pro Tem Perri Melnick presented 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.
OPEN SESSION PUBLIC COMMUNICATIONS
Rick Snow, Big Bear Lake business owner, shared that he would like to see Councilmember Mote appointed as the next Mayor.
Daniel Gulbranson, Big Bear Lake resident, expressed his frustration with the City Attorney and questioned why the January 10° City Council meeting is cancelled.
Theodore Trentman, Big Bear resident, shared that he requested for the Devore Animal Shelter to add an A-frame sign in front of the Big Bear shelter to indicate when animals are available for adoptions.
Richard Jones, Big Bear Lake resident, provided a brief musical performance.
Johnny Wells, Big Bear Lake business owner, stated that his Village business is positively impacted when the City holds special events in the Village; requested the City Council to consider creating a pedestrian mall in the Village.
Kathleen Staunton. Big Bear Lake resident, shared her concerns related to the City's miscellaneous expenses and provided several examples related to City's credit card expenditures.
Nancy Shearer, Big Bear Lake second homeowner, asked for the City Council to consider retroactively reducing extreme vacation rental fines; stated she would like to see Councilmember Mote appointed as
1. CONSENT CALENDAR
A motion was made by Councilmember Herrick, seconded by Councilmember Mote to approve the Consent Calendar as follows:
1.1 APPROVE DEMANDS - CHECK ISSUE DATE 10/27/23 THROUGH 11/30/23 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
Meeting Minutes
December 13, 2023
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2023-85
RESOLUTION AUTHORIZING EXAMINATION OF
SALES AND USE TAX RECORDS
1.3 CANCELLATION OF THE JANUARY 10, 2024 CITY COUNCIL MEETING Approved.
1.4 RESOLUTION EXTENDING THE CITY'S DEADLINE TO ESTABLISH AN ONLINE
PERMITTING SYSTERM FOR POST-ENTITLEMENT PHASE PERMITS UNDER CALIFORNIA GOVERNMENT CODE SECTION 65913.3.5 (AB 2234)
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2023-86
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)
1.5 RESOLUTION AUTHORIZING THE INSTALLATION OF STOP CONTROLS FOR
CATALINA ROAD AT THE INTERSECTION OF AVALON ROAD
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2023-87
RESOLTUION AUTHORIZING THE INSTALLATION OF STOP SIGNS FOR
CATALINA ROAD AT THE INTERSECTION OF AVALON ROAD AND
FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIORNMENTAL QUALITY ACT (CEQA)
1.6 NOTICES OF COMPLETION FOR FISCAL YEAR 2023-24 CAPITAL
IMPROVEMENT PROJECTS
Approved.
The Consent Calendar was approved by the following vote:
AYES: Segovia, Mote, Melnick, Herrick, Putz
NOES: None
ABSTAIN: None
ABSENT: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
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December 13, 2023
2. CEREMONIAL
2.1 CITY COUNCIL REORGANIZATION
City Attorney Stephen P. Deitsch, provided a brief overview of the organizational process. Then City Clerk Erica Stephenson, opened the nominations for Mayor.
Councilmember Herrick nominated Councilmember Melnick to serve as Mayor. Hearing no further nominations, the City Clerk took a roll call vote.
Councilmember Melnick was appointed to serve as Mayor for the period of one year by the following vote:
Councilmember Herrick: Melnick
Councilmember Melnick: Melnick
Councilmember Mote: Melnick
Councilmember Putz: Melnick
Councilmember Segovia: Melnick
City Clerk Erica Stephenson opened the nominations for Mayor Pro Tem.
Councilmember Putz nominated Councilmember Segovia for Mayor Pro Tem. Hearing no further nominations, the City Clerk took a roll call vote.
Councilmember Segovia was appointed to serve as Mayor Pro Tem for the period of one year by the following vote:
Councilmember Herrick: Segovia
Councilmember Melnick: Segovia
Councilmember Mote: Segovia
Councilmember Putz: Segovia
Councilmember Segovia: Segovia
At the hour of 6:18 p.m., Mayor Melnick called for a brief recess and at the hour of 6:22 p.m., Mayor Melnick reconvened the meeting.
At the hour of 6:22 p.m., the City Council meeting adjourned to the Fire Protection District.
2.2 FIRE PROTECTION DISTRICT REORGANIZATION
Fire Protection District proceedings are contained in separate minutes At the hour of 6:24 p.m., the Fire Protection District adjourned to the Successor Agency.
2.3 SUCCESSOR AGENCY REORGANIZATION
Successor Agency proceedings are contained in separate minutes.
At the hour of 6:26 p.m., the Successor Agency adjourned back to the City Council.
3. DISCUSSION/ACTION ITEMS
Meeting Minutes
December 13, 2023
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
Stephanie Smith, BB&K Director of Election Services, made a presentation on this item.
After the presentation and City Council questions, Mayor Melnick invited up speakers who wanted to speak on this item. The following individuals approached the City Council:
Anne Caseman, Big Bear resident, expressed concerns pertaining to limiting campaign contributions; believes it would be difficult to enforce limits.
Following the public comment and City Council's further discussion, a motion was made by Councilmember Putz, seconded by Councilmember Mote, to not make changes to the City's current practice and maintain the State's Campaign Contribution limits.
Said motion was approved by the following vote:
AYES: Mote, Putz, Segovia, Melnick
NOES: Herrick
ABSTAIN: None
ABSENT: None
No City Council action was taken regarding introducing the proposed Ordinance.
3.2 PRESENTATION PROVIDING AN OVERVIEW OF THE PROCESS RELATED TO THE RELINQUISHMENT OF BIG BEAR BOULEVARD (SR-18)
Sean Sullivan, Assistant City Manager made a presentation on this item.
After the presentation and City Council questions, Mayor Melnick invited up speakers who wanted to speak on this item. The following individuals approached the City Council:
Rick Snow, Big Bear Lake business owner, expressed his frustration with Caltrans control of Big Bear Blvd., and advocated that the City take over local control of Big Bear Blvd.
Tom Sitton. Big Bear Lake business owner, shared his support of the City acquiring Big Bear Blvd.
Following the public comments, the City Council continued discussing this item and indicated that they would like the opportunity to further consider this item during the upcoming budget process.
No formal City Council action was taken related to Item 3.2.
4. PUBLIC HEARING
4.1 INTRODUCTION OF AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 4.01 ("VACTION 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
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December 13, 2023
At the hour of 7:22 p.m., Councilmember Herrick announced that he was recusing himself from Item 4.1 due to a potential business related conflict of interest and then he left the meeting since this was the last Item list on the Agenda.
City Manager Erik Sund made a presentation regarding this item.
At the hour of 7:45 p.m., Mayor Melnick opened the Public Hearing, and the following individuals approached the City Council:
Robert Parks, Big Bear Lake second homeowner, presented a brief overview of the handout he provided to the City Council including his recommendations pertaining to the revised Ordinance.
Lisa Winick, Big Bear Lake second homeowner, expressed her concerns with the guest check-in process outlined in the proposed Ordinance.
Mike Breneger, Big Bear Lake resident, shared his frustration with the revisions to occupancy limits; he added that a noise provision is appropriate, however he believes that a specific spa noise regulation is overreaching.
Pam Kessal, Big Bear Lake resident, asked for the City Council to keep in mind that most vacation rental homeowners want to follow the rules.
Rick Snow, Big Bear Lake business owner, requested that the City Council make the new rules retroactive, so the previous fines can be reduced/refunded to the vacation rental owners that have been consistently remitting their TOT payments.
Evan Engle, Big Bear resident, expressed his frustration over the revised occupancy regulations; provided examples of how he believes this rule will negatively impact vacation rental revenues.
James Cretchmare, Big Bear Lake second homeowner, shared that the proposed occupancy limits will negatively affect the value of his property.
Manny Arciniega, Big Bear Lake second homeowner, questioned the changes to occupancy; expressed his dissatisfaction with revisions made to the ordinance since the last public discussion.
Tasha Ross, Big Bear Lake second homeowner, expressed her disappointment with the changes made to occupancy rules; asked the City Council to reflect on how these changes may impact the community.
Annette Karnes, Big Bear Lake resident, shared her opinion that occupancy limitations are going to negatively affect local property values; believes the occupancy limits will have a detrimental impact on vacationing families.
Nick Cargill, Big Bear Lake business owner, questioned the vacation rental occupancy limitations and the intent behind the proposed changes; stated he doesn't think the City should follow the County's vacation rental regulations.
Dionne Olsen. Big Bear Lake business owner, questioned if the Fire Department should be responsible for regulating occupancy; sought clarification regarding the fine schedule and ADU's.
Loren Hafen, Big Bear Lake resident, shared that the City needs to appeal to vacationing families
Meeting Minutes
December 13, 2023
and expressed his opinion that restricting large groups will penalize families.
Daniel Gulbranson, Big Bear Lake resident, expressed his frustration with occupancy limitations and fines, questioned how the proposed limits would impact daytime visitors.
Mike Rotman, Big Bear Lake resident, questioned the portion of the ordinance that states that snow must be plowed at two inches, the check-in process, day visitor allowance and the requirement for paved parking spaces.
Pat Enyart, Big Bear resident, shared that the City's current focus should be on attracting visitors, and stated her opinion that occupancy limitations will hinder the local economy.
Ronnie Fin, Big Bear Lake homeowner, asked the City Council to reconsider occupancy limitations and if at all possible avoid adding additional strain to STR owners.
At the hour of 8:23 p.m., Mayor Melnick closed the Public Hearing.
Following further City Council discussion, at the hour of 8:27 p.m., Mayor Melnick called for a recess and at the hour of 8:34 p.m. Mayor Melnick reconvened the meeting.
After the recess, City Council provided staff direction to revise the proposed Ordinance to address several items, some of which included, occupancy limits, guest check-in/Good Neighbor Policy procedures, defining family members and addressing homeowner personal privacy concerns.
At the hour of 9:32 p.m., Mayor Melnick called for a recess to allow staff time to prepare revisions to the proposed Ordinance based on City Council suggestions, at the hour of 10:01 p.m. Mayor Melnick reconvened the meeting.
After the break, Councilmember Putz made a motion, which was seconded by Mayor Pro Tem Segovia, to extend the meeting to 10:30 p.m. to provide City Council the opportunity to complete this item and allow time for the "Comments, Announcements & Additional City Business" section of the Agenda.
Said motion was approved by the following vote:
AYES: Putz, Mote, Segovia, Melnick
NOES: None
ABSTAIN: Herrick
ABSENT: None
Following the break, staff read allowed the proposed Ordinance revisions and received some additional nput from the City Council. Those suggestions were incorporated into the final version of the propose Ordinance that was formally introduced for adoption at this meetins A motion was made by Councilmember Putz, seconded by Councilmember Segovia, to approve staff's recommendation to read the title, waive further reading and introduce the following Ordinance as revised this evening.
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
Meeting Minutes
December 13, 2023
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 Said motion was approved by the following vote:
AYES: Putz, Segovia, Melnick
NOES: Mote
ABSTAIN: Herrick
ABSENT: None
4. COMMENTS, ANNOUNCEMENTS, & ADDITIONAL CITY BUSINESS
CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
City Clerk Erica Stephenson congratulated Mayor Melnick and Mayor Pro Tem Segovia on their appointments. City Clerk Stephenson announced that due to the holidays City Hall will be closed on December 25'h, December 26"h, January 1", and January 2nd. • COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Putz congratulated Mayor Melnick and Mayor Pro Tem Segovia on their appointments.
Councilmember Mote shared that Mountain Transit met recently for a Special Meeting and approved disposal of two vehicles.
Mayor Melnick thanked Councilmember Putz for his leadership over the past year, her City Council colleagues for serving their community and the City Staff for the work that they do.
ADJOURNMENT
There being no further business to come before the City Council at this Open Session, Mayor Melnick adjourned the meeting at 10:29 p.m. to an Adjourned Regular Meeting to be held on Tuesday, December 19 at 5:00 p.m. ca Stephensor
rica Stephenson, City Cler