Agenda packet — Big Bear Lake City Council, December 19, 2023

ADJOURNED REGULAR CITY COUNCIL

MEETING AGENDA
DECEMBER 19, 2023
Please Note: This Adjourned Regular City Council Meeting was adjourned from the Regular City Council Meeting that was held on December 13, 2023.

Open Session: 5:00 p.m., Big Bear Lake Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315

COUNCILMEMBERS

MAYOR PERRI MELNICK

MAYOR PRO TEM KENDI SEGOVIA

COUNCILMEMBER RICK HERRICK

COUNCILMEMBER BYNETTE MOTE

COUNCILMEMBER RANDALL PUTZ

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

CALL TO ORDER

ROLL CALL

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 • The Big Bear Theatre Project presents A Ghost Story of Christmas on December 21, 22 and 23 at 7:30 pm.

PRESENTATIONS

CITY COUNCIL AGENDA
DECEMBER 19, 2023 - Page 2
• Presentation to the Public Works Department in recognition of the American Public Works Association (APWA) 2023 Project of the Year Award, they were recently honored to receive this award for the Moonridge Road Corridor Improvements Project; including a special recognition to Associate Engineer Israel Gomez.
• Introduction of new employee Jessika Leverich, Neighborhood Preservation Officer I in the Management Services Department.

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 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 RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO S. PORTER, INC.

FOR THE DEMOLITION OF THE PROPERTY AT 42106 BIG BEAR BOULEVARD Staff’s recommendation: Adopt a resolution authorizing an award of construction contract to S. Porter, Inc. for the demolition of the property at 42106 Big Bear Boulevard; authorizing a Fiscal Year 2023-24 budget appropriation; and finding the project categorically exempt from the California Environmental Quality Act.

1.2 ADOPTION OF AN ORDINANCE AMENDING AND UPDATING THE CITY’S

VACATION RENTAL REGULATIONS
Staff’s recommendation: Adopt 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.

ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMUNICATIONS (PART 2)

2. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS

CITY COUNCIL AGENDA
DECEMBER 19, 2023 - Page 3
• CITY CLERK, CITY ATTORNEY & CITY MANAGER COMMENTS
• COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS

ADJOURNMENT

TENTATIVE ITEMS TO BE CONSIDERED AT A FUTURE PUBLIC MEETING City Council Regional Board Appointments – February 2024 Quarterly Financial Update (October – December 2023) – February 2024 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 14th 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 19, 2023
City Council Meeting
Consent Calendar
Reports

MEETING
DATE: December 19, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Israel Gomez, Associate Civil Engineer
SUBJECT: Resolution Authorizing an Award of Construction Contract to S. Porter, Inc. for the Demolition of the Property at 42106 Big Bear Boulevard; Authorizing a Fiscal Year 2023-24 Budget Appropriation; and Finding the Project Categorically Exempt from the California Environmental Quality Act

BACKGROUND & DISCUSSION
On July 12, 2023, the City Council authorized the City’s purchase of certain real property described as Parcel Number 2328-111-08-0000 with the address of 42106 Big Bear Boulevard.

The property purchase has been subject to probate proceedings and as of November 29, 2023, the purchase was approved in San Bernardino County Superior Court. Escrow is anticipated to close by December 22, 2023.

The property’s initial use will be to expand the existing, adjacent Public Works Maintenance Yard while other usage opportunities will continue to develop. Prior to any use, it is necessary to demolish the existing structures and site improvements as they are dilapidated and not fit for any usage. Additionally, the current condition of the property is creating blight along Big Bear Boulevard. As such, staff designed a project for public bid to demolish and clear the property once the City takes possession of it.

Plans and specifications for this project were solicited for public bid in accordance with the City’s standard practices. On Tuesday, October 3, 2023, the City Clerk received, publicly opened, and read aloud six (6) sealed bids with the following results.

Bidder Locations Total Base Bid Price
S. Porter, Inc. Big Bear Lake, CA $106,740
LCR Earthwork and Engineering, Corp. Jurupa Valley, CA $182,400 ADEP Precision Contracting Irvine, CA $221,753
Lancet Contracting, Inc. Fontana, CA $257,150
Bear Valley Paving Big Bear Lake, CA $263,795
Unlimited Environmental, Inc. Long Beach, CA $314,000
Staff has reviewed the bids received for completeness and accuracy and has reviewed the background of the perspective contractor for experience. S. Porter, Inc. is an experienced local contractor with a satisfactory record of completing projects for the City. Amongst the many public Item 1.1
projects that S. Porter, Inc. had completed for the City, there have been similar demolition projects.

S. Porter, Inc. has the necessary contractor’s licenses, in good standing, to complete this project.

Staff is recommending the award of contract in an amount not to exceed $123,000, which is inclusive of the base bid amount as well as a contingency amount of $16,260 (approximately 15%).

The contingency funds will be used to cover the costs of any unforeseen circumstances or conditions that arise during the course of construction.

FISCAL IMPACTS
The total cost for the completion of this demolition will not exceed $123,000, which is inclusive of the base bid amount as well as a contingency amount of $16,260. The execution and funding of this agreement will require a budget appropriation in the amount of the contract award. Staff is recommending that the funding be appropriated in the amount of $41,000 each from the following unassigned fund balances: General Fund, Sanitation Fund, and Measure Y. This funding distribution is consistent with the distribution applied to the appropriation that was used to purchase the property.

ENVIRONMENTAL CONSIDERATION
This project is categorically exempt from the California Environmental Quality Act (CEQA), Class 1, pursuant to Section 15301.l as demolition and removal of individual small structures and Class 4, minor alterations to land.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priorities No. 1 as it “supports and invests in sustainable infrastructure projects and programs consistent with the needs of our community”.

RECOMMENDED ACTION
It is recommended that the City Council approve a Resolution Authorizing an Award of Construction Contract to S. Porter, Inc. for the Demolition of the Property at 42106 Big Bear Boulevard; Authorizing a Fiscal Year 2023-24 Budget Appropriation; and Finding the Project Categorically Exempt from the California Environmental Quality Act.

ATTACHMENTS

1. Resolution No. 2023-XX

2. CEQA Notice of Exemption
RESOLUTION NO. 2023-XX
RESOLUTION AUTHORIZING AN AWARD OF CONSTRUCTION CONTRACT TO S.

PORTER, INC. FOR THE DEMOLITION OF THE PROPERTY AT 42106 BIG BEAR BOULEVARD; AUTHORIZING A FISCAL YEAR 2023-24 BUDGET
APPROPRIATION; AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on July 12, 2023, the City Council authorized the City’s purchase of certain real property described as Parcel Number 2328-111-08-0000 with the address of 42106 Big Bear Boulevard; and,
WHEREAS, the property purchase has been subject to probate proceedings an as of November 29, 2023, the purchase was approved in San Bernardino County Superior Court and escrow is anticipated to close by December 22, 2023; and,
WHEREAS, the property’s initial use will be to expand the existing, adjacent Public Works Maintenance Yard while other usage opportunities will continue to develop; and, WHEREAS, prior to any usage, it is necessary to demolish the existing structures and site improvements as they are dilapidated and not fit for any usage and, additionally, the current condition of the property is creating a blight along Big Bear Boulevard; and, WHEREAS, staff conducted a public bid process for this effort in accordance with the City’s bid procedures and on Tuesday, October 3, 2023, the City Clerk received, publicly opened, and read aloud six (6) sealed bids and the lowest responsive bid was that of S. Porter, Inc. in the amount of $106,740; and,
WHEREAS, S. Porter, Inc. is an experienced local contractor who has satisfactorily completed multiple projects for the City, including previous demolition projects, and S. Porter, Inc. possesses the necessary licenses and insurance to enter into a contract with the City for this project; and, WHEREAS, staff is recommending the approval of a contingency amount of $16,260, in addition to the base bid amount of $106,740, to cover the cost of any unforeseen conditions that may arise throughout the course of construction making the total award of contract in an amount not to exceed $123,000; and,
WHEREAS, the award of this agreement will require a Fiscal Year 2023-24 Budget Appropriation in the amount of $123,000 with the recommended appropriations being $41,000 each from the unassigned fund balances from the General Fund, Sanitation Fund, and Measure Y; and, WHEREAS, this project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(l), demolition and removal of individual small structures (Class 1), and Section 15304, minor alterations to land (Class 4).

Item 1.1
Attachment 1
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:

1. A construction contract is awarded to S. Porter, Inc. in an amount not to exceed $123,000 for the Demolition of the Property at 42106 Big bear Boulevard and the City Manager is authorized to execute all necessary documents in a form approved by the City Attorney.

2. The requested budget appropriations of $41,000 each from the General Fund, Sanitation Fund, and Measure Y are hereby authorized.

3. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(l), demolition and removal of individual small structures (Class 1), and Section 15304, minor alterations to land (Class 4).

PASSED, APPROVED AND ADOPTED this 19th day of December, 2023.

Perri Melnick, 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 19th 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

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:

Demolition of Building at 42106 Big Bear Boulevard Project Project Location - Specific:

APN: 2328-111-08; 42106 Big Bear Boulevard
Description of Project:

The scope of work involves the demolition and removal of three (3) existing commercial structures, one (1) sign, one (1) post, and one (1) concrete slab that are in disrepair and uninhabitable.

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(l), 15304
Reasons why project is exempt:

CEQA exemptions include the demolition and removal of individual small structures and minor alterations to land.

Lead Agency or Contact Person: Area Code/Telephone/Extension Sean Sullivan, Director of Public Services (909) 866-5831 Date: December 19, 2023
Signature:
______________________________
Sean Sullivan,
Assistant City Manager
Item 1.1
Attachment 2

MEETING
DATE: December 19, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Erik Sund, City Manager
SUBJECT: Adopt an Ordinance Amending and Updating the City’s Vacation Rental Regulations

BACKGROUND & DICUSSION
At the December 13, 2023 City Council Meeting, City staff presented a proposed ordinance in an effort to revise the City’s current vacation rental regulations. During that meeting, City Council discussed the proposed ordinance and instructed staff to make updates to the presented document.

The revisions primarily focused on vacation rental occupancy limits, defining guest checkin/registration procedures, vacation rental age limits and adding additional privacy protections related to owner/agent’s financial records. The City Council’s suggestions were promptly incorporated into the ordinance and all of the revisions were read into the public record during the meeting. In addition, City Council conducted a public hearing, introduced the ordinance, read the title and waived further reading of the ordinance. The attached ordinance that is being recommended for formal adoption, includes all of the City Council’s revisions that were publicly discussed at the December 13 Regular Meeting.

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 adopt 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.

Item 1.2

ATTACHMENTS

1. Ordinance 2023-xxx (final version with accepted redlines)

2. Ordinance 2023-xxx (redlined version)

3. December 13, 2023 Agenda Report (excluding attachments) 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 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 4.01 of Title 4 of the Big Bear Lake Municipal Code is hereby amended to read as follows:

Title 4 Visitor-serving uses and tourism
Chapter 4.01 Vacation Rentals
Section 4.01.010. Purpose
Item 1.2
Attachment 1
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” or “Registration” means the registration of a guest for a vacationrental property with an owner or agent, or through a virtual registration procedure between the guest and the owner or agent 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. An owner or agent that performs check-in shall be certified by the city to do so as provided by administrative policy.

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.

G. “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 lives on-site and in the home, throughout the visitor’s stay.

H. “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.

I. “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.

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

K. “Vacation rental” or “vacation-rental property” means a residential dwelling unit, or any portion thereof, that is leased for a term of twenty-eight (28) or fewer consecutive. “Vacation rental” or “vacation-rental property” includes properties where a home-sharing 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. 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.

Notwithstanding the above, a change of vacation-rental 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, step or adopted children, parents, step parents or in-law 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 vacationrental 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 annual 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.

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 registration procedure between the guest and the owner or agent. The responsible party must sign a copy of the city’s Good Neighbor Policy prior to or during check-in. If using virtual registration, 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 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 eighteen (18) years of age; but the total number of persons, including persons under eighteen (18) years of age, may not exceed one person per two hundred (200) square feet of living space or sixteen (16) persons, whichever is less.

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 fourteen (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 driveways and garages. Gravel parking spaces approved for vacationrental 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 vacationrental 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 vacationrental 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. 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 informational sign not to exceed two (2) square feet in area. Each sign shall be clearly visible from the street, include 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 and refuse shall not be left stored 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 twentyfour (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 the responsible party of the identified requirements of this section in all contracts and shall post a copy of the current license and the requirements of this section at the interior entrance or other prominent location within the vacation-rental 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 eighteen (18) 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 eighteen (18) 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, 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. 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. Any access to such records and documents including, but not limited to, bank statements, tax returns, and responsible person and lessee or guest names, email addresses and governmentissued identification documents or information for inspection or audit shall be performed by the city on a confidential basis with any social security and bank account numbers and government-issued identification names and numbers redacted and shall not be copied and shall remain in the possession, custody or control of the owner during the inspection or audit by the city. The City shall, to the maximum extent permitted by law, maintain the confidentiality of the information contained in such records and documents, including, but not limited to, bank statements and tax returns, any responsible party and guest names, email, home and business 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.

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, in accordance to this Code.

D. A hosting platform shall require all hosts to include a valid license number in a designated field dedicated to the license.

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 thousand five hundred dollars ($1,500.00). Any person violating this subsection shall be permanently ineligible to operate any vacation-rental property in the city, and any property that is operated as a vacation-rental property in violation of this subsection shall be ineligible to be issued a vacation-rental property license for a period of one year from the most recent citation issued for violating this subsection. If the person continues to operate a vacation-rental property in violation of this subsection within a 12-month period from the first violation, the city may issue second administrative citation, with an administrative fine in the amount of two thousand five hundred dollars ($2,500.00). Any additional violations occurring within a 12-month period from the first violation may be subject to additional citations of five thousand dollars ($5,000.00) each.

Each violation constitutes a separate violation of this chapter. Any person operating an unlicensed vacation-rental property 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, the city may impose an administrative fine for the first violation in the amount of five hundred dollars ($500.00). The city may impose an administrative fine for a second violation within a 12-month period from the first violation in the amount of 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. 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 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. The failure of an owner or the owner’s agent to comply with lawful order of any fire, law enforcement, code enforcement or any other public safety officer may result in the revocation or suspension of the license.

E. 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.

F. 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.

G. 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.

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 the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be posted in at least three public places in the City in lieu of publication unless publication is requested by the City Council or otherwise required by law.

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

PASSED, APPROVED AND ADOPTED this XX day of ______, 2023. __________________________
Perri Melnick, 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:

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
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, 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 1.2
Attachment 2
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” or “Registration” means the arrival registration of a guest at for a vacation-rental property or agent’s office with an owner or agent, or through a virtual registration procedure between the guest and the owner or agent 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. An owner or agent that performs check-in shall be certified by the city to do so as provided by administrative policy.

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.

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, step or adopted children, parents, step parents or in-law 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.

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.

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.

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.

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 registration procedure between the guest and the owner or 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-in.

If using virtual registration, 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.

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 30 fourteen (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 driveways and garages and is not allowed in the yard 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. Offstreet 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.

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, include 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 eighteen (18) years of age. No owner or agent may enter into a vacationrental contract with any person for occupancy of a vacation rental property unless that person is at least eighteen (18) 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. Any access to such records and documents including, but not limited to, bank statements, tax returns, and responsible person and lessee or guest names, email addresses and government-issued identification documents or information for inspection or audit shall be performed by the city on a confidential basis with any social security and bank account numbers and government-issued identification names and numbers redacted and shall not be copied and shall remain in the possession, custody or control of the owner during the inspection or audit by the city. The City shall, to the maximum extent permitted by law, maintain the confidentiality of the information contained in such records and documents, including, but not limited to, bank statements and tax returns, any responsible party and guest names, e-mail, home and business 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.

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.

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.

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

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. __________________________
Perri Melnick, 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

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

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 1.2
Attachment 3
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

Big Bear Lake City CouncilDecember 19, 2023

Big Bear Lake City Council
December 19, 2023